Q: If I fire my attorney 2 weeks before a jury trial, and the judge refuses to adjourn, what options am I left with?
Hello,
I have a family member who is being charged in the State of Michigan with 3 counts of Criminal Sexual Conduct (3rd degree). We are approximately 2 weeks away from jury trial, and his current attorneys are completely unprepared and do not have a strategy to defend him. We would like to fire the current attorneys, and hire a new attorney. We do have another attorney in mind. The problem is that his current attorneys asked for an adjournment at the last pretrial conference because they were not prepared, but the judge denied the request. The jury trial has NOT been previously adjourned. If he fires his current attorneys, can the judge legally proceed to trial and force him to represent himself? He is financially stable, and can afford another attorney. What are the chances see appoints a court ordered attorney and proceeds with the trial as scheduled?
I appreciate any assistance in this matter.
Thanks
A:
A lot of these "what ifs" can be answered only by local attorneys familiar with this judge. Your family member can certainly hire another attorney. However, the judge can deny an adjournment. The judge could also refuse to allow the current attorney to withdraw.
With just two weeks before trial, I would assume the judge is going to be less than amused by all this. The judge could very well say "if you want a new attorney, that's fine, but you better be sure they can be ready because you're going to trial in two weeks with that new attorney or your current one." It would be hard for a judge to proceed to trial with no attorney unless the defendant waives their right to an attorney, but that doesn't mean a defendant gets to pick who that attorney is. If the judge wants trial in two weeks, it will be held with some attorney.
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