I have a friend that is starting a criminal trial tomorrow, and his public defender sucks. Can he fire his public defender the day the trial starts? He plans to retain a private atty tomorrow also. Please anyone that knows let me know. It is in Adam County CO, for assault with deadly weapon.

He can fire his attorney of record at any time.

He should have his new attorney at court so they can ask for extra time to review the case.

Also understand an attorney can only do so much depending on the evidence and the money they have to do any research into the case

He can fire his public defender at anytime unless the judge is insisting that he have representation. Of course, any private attorney that he hires would trump the public defender in that regard. Is this private attorney going to be available and prepared with such short notice?

We haven't hired an atty as of yet. Hopefully if all goes well tomorrow, we will retain a criminal atty right after court. My only concern is his trial is supposed to start tomorrow, but the victim is saying he is threatening her,he is not,but the public defender says there will be new charges. We do not feel the public defender is looking out for our best interest. We feel a private atty will be better suited for going to trial. We just learned of these new allegations Friday afternoon, so we didn't have any time to look for an atty. Do you think there will be a problem firing the public defender, so that we may find and hire a private one? Will the judge go for this or not?

Hello roxy:

All three of the people who answered you said the same thing.

Asking another way will not change the answers.

excon

As excon pointed out we already answered your question. However, There is a wrinkle here. A judge might see this as a delaying tactic and order the trial to go forward. But I doubt that's the case.

What you should do is call the PD, tell him you are hiring an attorney and ask how that should be presented to the judge. If the judge is given advanced notice so he can adjust his docket, he shouldn't have a problem. If your friend just shows up in court and says he wants a new lawyer the judge may be less acommodating. At the least, your friend should write out a letter and have it delievered to the judge BEFORE court.

Hello again, rox:

I should elaborate too.

You asked the wrong question, and we answered it. The right question, is what should you do. I knew that too. My bad.

Lawyers (pd's and private) are employees. They must be managed like any employee. Public Defenders, for the most part, are the BEST criminal attorneys in your city. But, even if you hire the BEST private lawyer in your city, he'll need to be managed too.

So, instead of firing him. Call him up. Tell him you're not happy. Tell him you're about to fire him. Ask him why he's not doing what you want him to do. Exercise your communication and management skills. He might be the best lawyer around.

excon

Rox didn't mention it, but here's an update on what happened in the trial: her friend was found NOT GUILTY of felony assault after the trial went ahead on Monday with the public defender. You know, with the public defender that sucked.

And now you know the rest of the story.

Maybe the prosecutor sucked more ;)

Your friend can do whatever she wants,if she feels her public defender is not representing her to the best interest of her client she may fire her,and obtain another attorney,she can also file a motion to withdraw in the clerks office

Response to firing of assigned public defender:

1. yes, under filing of marsden motion. See on google for
Wording , file with court for hearing date, will require
Defendant to testify under oath re: incompetency of
, documentation of violations of professional conduct
Of public defender, with exhibits of communications
To be entered into record and citing violations of
State bar rules for professional conduct.

2. even if judge refuses to recuse attorney, he will
"AS DUE TO THE APPARENT DETERIORATION OF THE WORKING
RELATIONSHIP BETWEEN THE ATTORNEY AND THE DEFENDENT
HAS REACHED THE STATE THAT A NEW ATTORNEY MUST
BE ASSIGNED TO RESTORE SOME BALANCE IN THE EQUAL
APPLICATION OF LAW AND RIGHT OF DEFENDENT TO FAIR
, TIMELY AND STANDARD LEGAL SERVICES FOR A PROPER
DEFENSE IN THIS MATTER."

3. if the marsden motion goes before a judge who the
Defendant finds to be prejudicial, i.e. judge states
In record that "HE BELIEVES THAT THE DEFENDENT
EXHIBITS THE ACTIONS, MANNERISMS, OF A PERSON
WITH MENTAL ILLNESS(UNSPECIFIED)., THIS OPINION
BY THE JUDGE IS SO PREJUDICIAL THAT HE CAN BE
RECUSED UNDER "silver bullet" motion by the
Assigned attorney with no reason given and
Should be done before the marsden motion
Is filed and calendared.

4. if the assigned attorney refused to file the
Silver bullet motion for the prejudiced judge,
Defendant should proceed immediately with
The mardsen motin filing and hearing, then,
Move to recuse the judge under 170.

5. the motion for judge under 170, does not even have
To be in writing and can be verbally stated to that
Judge. However, if the notice of recusal of judge
Is delivered and mailed to that judge, that notice
Alone is sufficient after ten calendar days to
Go into effect, since if the judge does not
Challenge the recusal motion, silver bullet and
Most do not, it automatically goes into effect.

6. while waiting for the silver bullet motion to
Go in effect, have assigned attorney file the
Marsden motion or you file the motion and
Have a continuance for the matter until these
Two motions are done and a new attorney is
Assigned.

7. if assigned public defender is hostile, refuses to
Perform motion filings, etc, You should file complaint
For unprofessional conduct with both the county
And the state bar, requesting investigation, hearing
For discipline of his license to practice law. And,
Copy all doc. And correspondances which show
The violations of the attorney along with a
Cover sheet with brief summary of violations.
See county job description for duties of public
Defender to quote, add, refer to in complaints.

Good luck with the most corrupt court system powered
By money where justice is only a word , a pretense
, a farce where innocents are damned to protect
The interests of powerful and to maintain the
Status quo of the lawyers, and judges who
Have political aspirations.

In closing, you will discover aclu and other no cost non profits
Will provide no help to you but will state that their mission is
To help . Welcome to the new america.