Will a criminal case be continued if I fire my attorney? 72 Answers as of June 02, 2013

I have a case that I am not happy with my attorney actions and I would like to replace him. My trial date is already set. My attorney has not contacted me since he was appointed by the court system over a year ago. I don't have a problem with hiring another attorney that could help me. Thanks for your help in this matter.

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Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
You can request that your case be continued so that you have enough time to find another attorney. The Judge, however, may not grant the request.
Answer Applies to: California
Replied: 11/9/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If your attorney is a court appointed attorney as opposed to a retaqined attorney, you need permission from the court to fire him and request another attorney. If by "continued " you mean will the case be adjourned to give your new attorney time to prepare, generally yes although it is up to the judge.
Answer Applies to: New York
Replied: 11/8/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Usually the judge will allow a continuance to replace an attorney as long as it is done in good faith.
Answer Applies to: Kansas
Replied: 11/7/2011
Shane Law Office
Shane Law Office | Robert J. Shane
Yes, you should be able to continue the trial date in your case when you fire your existing attorney and retain new counsel. The new lawyer will need extra time to review the evidence in the case, conduct a thorough investigation, and prepare for trial. The best practice would be for the new attorney to file a Certificate of Representation with the court administrator and serve a copy of the Certificate on the prosecutor. This document notifies the court and prosecutor that a new criminal defense lawyer has been retained to defend the case.The new lawyer should then contact the prosecutor by phone and request permission to continue the trial date. If the prosecutor has no objection to the continuance of the trial date, the new lawyer will contact a clerk in criminal assignments and make arrangements to reschedule the trial date. If the prosecutor should object to the defense request for a continuance, the criminal defense attorney will file a formal motion with the court along with an attached affidavit from the defense lawyer detailing the reasons in support of the continuance. Most judges will grant the defense motion to continue the trial date based on the fact that a new lawyer has been substituted to represent the defendant and needs more time to prepare the case for trial.
Answer Applies to: Minnesota
Replied: 11/7/2011
Giannini Law Office, PC
Giannini Law Office, PC | Robert Giannini
Whether the case will be continued is up to the Judge. If you wish to have the case continued, be prepared to explain why in simple straight forward terms. Don't talk about what you did or didn't in regards to what you are charged with. Remember that what you say and how you say it will be noticed by the Judge. I suggest you be courteous.
Answer Applies to: Georgia
Replied: 11/3/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Then you need to hire an attorney right away and have him or her substitute in and make a motion to continue the trial date.
    Answer Applies to: Washington
    Replied: 11/3/2011
    Keyser Law Firm
    Keyser Law Firm | Christopher W. Keyser
    It's possible that the court will give you a new trial date on grounds that you hired a private attorney however this depends almost entirely on the judge. If you there is still ample time before your trial date, such as several months, there is a greater likelihood the judge will allow you to continue the court date. If however, you request a new court date with a new attorney within a short time period (like a week or a few days) the court may not allow you to reschedule trial. The most common reason judges give for not allowing a defendant to reschedule trial is unnecessary delay to the court, prosecution and/or alleged victim.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes, the case could be adjourned but you should have another attorney lined up and ready to go into court and agree to be your attorney.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    You will have to go to the court and ask them to continue the trial date, but if you have not had the opportunity to really work with your attorney, you really should. It takes a lot of preparation to do a trial. Start with call your attorney and find out what he is doing. If you are not satisfied tell him, and schedule a review with the court.
    Answer Applies to: Utah
    Replied: 11/3/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If a new attorney is subbed in then that is generally good cause for the judge to grant a continuance. I have personally always been granted continuances when subbing in to take over a trial.
    Answer Applies to: California
    Replied: 11/2/2011
    Sifuentes & Locke
    Sifuentes & Locke | Shannon Willis Locke
    There are ethical obligations an attorney must follow when substituting in for another attorney. As a practice I do not substitute in unless my new client has paid their former attorney in full (your attorney was court appointed so this wouldn't apply to you), and I can be ready to take their case to trial on the date that is scheduled. Courts are aware that criminal defendants do not want to go to trial and so they are reluctant to continue the case just because you have hired a new lawyer. However, the court should consider the reason you are hiring a new lawyer. If you are not able to communicate with your lawyer that is a good reason to get a new lawyer. In conclusion, firing a lawyer should not be done just to get a continuance. You should only fire your lawyer if you believe that a new lawyer will better represent you and allow you to be a better participant in the criminal justice process. Remember court appointed lawyers are only for people who cannot afford to hire lawyers. If you can afford to hire a lawyer you will very likely get superior service, and a more responsive attorney.
    Answer Applies to: Texas
    Replied: 11/2/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Maybe. Depends on how soon the trial is.
    Answer Applies to: Louisiana
    Replied: 6/2/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    Those complaints could result in a new attorney if you hire an attorney, it is very possible that the case gets continued.
    Answer Applies to: Colorado
    Replied: 11/2/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    You can hire a new attorney but the trial date may be a problem. Ask a new attorney about that.
    Answer Applies to: Tennessee
    Replied: 11/2/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If you need to replace your attorney, the new attorney you hire will know what to do in order to best prepare for your case. They will first request all files from your current attorney, and if it appears they will not be prepared for your trial before the date it is called, they may ask the court for an adjournment, which the court will in most cases grant. Since you have a 6th Amendment right to have an attorney present in all stages of the proceeding, if you need to hire a new attorney, the court will not force you to go to trial without an attorney there to represent you.
    Answer Applies to: New York
    Replied: 11/2/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The court does not have to adjourn your trial date because you hire your own attorney.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    You can fire your lawyer at any time and retain another attorney. I suggest you do this quickly since your trial date has been set and the new attorney has to get up to speed on your case.
    Answer Applies to: New York
    Replied: 11/2/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It is up to the judge. If the judge thinks you are changing lawyers just to delay the trial, then probably not.
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Your new attorney can get sufficient time to come up to speed on the case and be ready to try it. If they can be ready by the currently set trial date, then you're all set. If they need more time, the judge should allow it. If keeping the trial date without delay is your objective, make sure your new attorney can live up to that date without compromising your defense.
    Answer Applies to: California
    Replied: 11/2/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your case does not stop simply because you request a different attorney. This issue needs to be brought before your judge. Did you contact your attorney. If the attorney did not hear from you, it could be that he/she thought that there was nothing to do but wait for the next Court date.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    bark & karpf
    bark & karpf | peter bark
    When you say "continued" I assume you mean adjourned so your new lawyer can prepare your defense, even though a trial date has been set. It all depends on the judge and the court. If the judge feels you have good cause to retain a new lawyer and it is not just a delaying tactic, he may grant an adjournment, but it is up to the judge. Do not delay.
    Answer Applies to: New York
    Replied: 11/2/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Of course another attorney- if you want to pay. Do so right away. The new attorney will have to prepare or continue trial date.
    Answer Applies to: California
    Replied: 11/2/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It is possible for a private attorney to change the court date if he/she has been recently hired - it is not an automatic but it is possible.
    Answer Applies to: Minnesota
    Replied: 11/2/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Once the case has been set down for trial, I cannot assure you that the judge will allow you to substitute attorneys, as he may consider you actions dilitory in nature. I would advise you to consult with the lawyer whom you intend to hire in this case, have him make a motion to advance the case to a date well before the trial date, giving notice to the prosecutor. At that hearing, your attorney can convey your desire to substitute him in for the attorney currently handling the case. Do not wait until a week before trial do this now.
    Answer Applies to: Illinois
    Replied: 11/2/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    If you come to court without an attorney, a judge is very likely to make you go to trial alone. If you are not happy with your current lawyer, you should hire a new attorney right away.
    Answer Applies to: Maryland
    Replied: 11/2/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You can hire another lawyer to substitute in. Give that lawyer sufficient time to prepare, though, so do it now.
    Answer Applies to: Texas
    Replied: 11/2/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    This depends on the county and Judge that you have in Pennsylvania - some will continue the case to get a new attorney and some won't. It will be tougher to get a continuance if your case has already been continued multiple times.
    Answer Applies to: Pennsylvania
    Replied: 11/2/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Since you have the right to counsel not an empty chair then petition the court for a continuance now, not at the last minute, for enough time to acquire competent counsel.
    Answer Applies to: Pennsylvania
    Replied: 11/2/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    You have a right to the attorney of your choosing as long as you are paying for them. Typically the new attorney will be allowed what the judge seems a reasonable period of time to get up to speed on all the issues in your case.
    Answer Applies to: New York
    Replied: 11/2/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    You should contact counsel for a consultation as soon as possible, so that the potential new lawyer can get more information on the status of the case i.e. did the appointed counsel run the necessary pretrial motions, do the necessary investigation and other preparation for trial. If the potential new counsel feels the need to continue the trial for purposes of preparation, etc. he/she will make the appropriate motion once retained by you to substitute in as your attorney of record. The court then decides whether there is good cause to continue the trial date. Sounds like there will be if the current appointed lawyer has not communicated with you or otherwise failed to prepare for trial.
    Answer Applies to: California
    Replied: 11/2/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    There are a lot of variables that go into whether or not the Judge will let you replace your attorney if a trial date is already scheduled, depending on how far away it is. Secondly, if your attorney was appointed to your case, it sounds as if you are using a public defender or an attorney the Judge forced to take the case at a lower than normal fee. If that is the case, you will probably not be able to fire the attorney and get a new one. Finally, I cannot tell you whether another attorney such as myself could help you without knowing more about the case.
    Answer Applies to: Florida
    Replied: 11/2/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you hire and substitute in a new attorney the judge will grant a continuance for time for the new attorney to get up to speed on the case.
    Answer Applies to: California
    Replied: 11/2/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Granting or denying a continuance is within the sound discretion of a trial judge. The possible prejudice to the prosecution's case and whether getting a new attorney so late in the caseand if you don't have an attorney lined up in advance this will be a reason to deny a continuance motionare factors in the court's decision.
    Answer Applies to: Washington
    Replied: 11/2/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Generally the judge will allow you time however you would be better off hiring the lawyer first and having the lawyer attend the hearing with you. A case came out a few years ago that said that defendants have the right to have the attorney of their choice. With that being said, if the delay causes prejudice to the prosecutor or a co-defendant the judge can deny your request.
    Answer Applies to: California
    Replied: 11/2/2011
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    Yes, a person has a Constitional Right to an attorney of his choice and a court will grant a reasonable continuance to accommodate the retaining of such an attorney.
    Answer Applies to: California
    Replied: 11/2/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Your new attorney will have to file a motion to continue the trial. The court will usually accommodate the new attorney who will need time to prepare for the case and prepare any motions that may be necessary to properly proceed with the case. Do not delay this matter the court appreciates sufficient notice in these matters.
    Answer Applies to: Massachusetts
    Replied: 11/2/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    You will have to properly ask for your counsel to be relieved (Marsden motion) or show up at the next court appearance. The judge will probably grant a continuance of the trial date if your new counsel asks him for one. If the next date is a trial date, you will have to go in early, set a date and file your motion or show up with your new attorney.
    Answer Applies to: California
    Replied: 11/2/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    You may privately retain another attorney to represent you. However, if it is too close to the trial date and there have been several continuances in the past, the judge has the discretion to disallow the new attorney from coming in. The judge might think you are doing this for purposes of delay.
    Answer Applies to: California
    Replied: 11/2/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It is not certain that a court will grant a continuation of your trial for you to hire a new attorney. If you are planning to do so, hire an attorney without any further delay. Advise your attorney of the pending trial date to see if he either has adequate time to prepare or if he feels he can have the case reset.
    Answer Applies to: Alabama
    Replied: 11/2/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, your case will continue. Any substitution of council requires the court's permission. If someone is too close to the trial date, the court may not allow a substitution. If you wish to retain someone different, you need to do so quickly. I'd recommend contacting your current attorney with your concerns. If you cannot work things out, then perhaps a substitution is in order.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Maybe. Depends on the Judge. If she thinks you're playing games, might not get continued. But if it's legitimate, the Judge will let you get a continuance.
    Answer Applies to: Texas
    Replied: 11/2/2011
    Summers and Schneider
    Summers and Schneider | Kimberly A. Summers
    If you explain to the Judge the problems that you are having then you will likely receive an adjournment to hire new counsel but the sooner you do so the better. The best thing you can do is hire new counsel to appear with you on the next court date and have them ask for an adjournment so that they will have time to properly prepare your case and effectively represent you at trial.
    Answer Applies to: New York
    Replied: 11/2/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You are always free to retain a new attorney if you are not satisfied with your current one. If you have a court appointed lawyer or Legal Aid and they do not return your calls it is because they are over-worked and underpaid. They prefer to talk to you in court and not on the phone. They are often not prepared for hearings or trials and most are not the best criminal lawyers or they would not be making $65,000 a year. Some are pretty good, but they have too many cases and you may not get as much attention as you would by paying an attorney $300 an hour. They will talk to you all day long at $300 per hour. As the old saying goes, "Talk is cheap until you hire a lawyer!". If you are going to trial your new attorney will need some time to prepare and the court will usually grant an adjournment for him to get up to speed, but perhaps not on the day the case is scheduled for trial. That can be considered a delaying tactic on the eve of trial, but you would still probably be able to change attorneys if he was able to try the case in a few days.The fee for a felony trial can be $10,000-$30,000, but if you can afford the fee it is well worth it since being convicted of a felony could result in a long prison term and you will find it very difficult to get a good job as a convicted felon. Don't worry about your attorney not calling you if he has spoken to you every month in court for a year, there is probably nothing to discuss. If he seems like he is not the sharpest pencil in the box or seems to not care about your case replace him. If it is just that he does not return your calls then he is just like all public defenders, they talk to you in court, not on the phone.
    Answer Applies to: New York
    Replied: 11/2/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You are not likely to get a replacement if you are close to trial. If you can afford counsel, you may replace your present attorney.
    Answer Applies to: California
    Replied: 11/2/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You can always retain a new lawyer but you have to hire him.
    Answer Applies to: New York
    Replied: 11/2/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    Maybe and maybe not. It is not automatic, nor is it automatic that you are permitted to fire the attorney. Nor is it automatic that another attorney would be willing to take your case. In other words: it depends greatly with different possible outcomes. If you feel you are not getting the representation appropriate then you may have no choice but to try, but remember that some attorneys are great attorneys but not great client counselors.
    Answer Applies to: Washington
    Replied: 11/2/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon how many times the case has been continued and whether or not the judge will permit the attorney to stop representing you; however the judge will probably grant you a continuance because the trial judge does not want to create an appealable issue.
    Answer Applies to: Washington
    Replied: 11/2/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Hire an attorney quickly so there is time to prepare the case for trial. The court may go forward with the trial unless there is a request by your new attorney for additional time for preparation. Even then, there is a chance that the judge requires the case to be tried on schedule.
    Answer Applies to: Texas
    Replied: 11/2/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    The question is finding an attorney that will be able to be ready by your trial date. Ultimately, the decision whether or not to continue a case is up to the Judge. So your attorney should file a continuance request ahead of time and get the prosecutor to agree to it, but if the Court denies it they must be ready to proceed on the date of trial
    Answer Applies to: Pennsylvania
    Replied: 11/2/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    The case may be continued but you better hire your new attorney asap as he/she will have to request a continuance from the Judge and the longer you wait the harder it will be.
    Answer Applies to: New Jersey
    Replied: 11/2/2011
    Bruce Yerman, Attorney At Law
    Bruce Yerman, Attorney At Law | Bruce Yerman
    Beware. If the prosecutor answers ready for trial, and your new lawyer isn't ready for trial because the new lawyer hasn't had enough time to prepare, and your old lawyer isn't ready for trial because you fired the old lawyer, then you might be stuck with a bad choice: plead guilty or go to trial with a lawyer who isn't prepared. You don't want to be in that position. The age of your case and the judge's temperament will determine the likelihood that the judge will give your new lawyer time to prepare. Find out up front if the new lawyer can be ready for trial on the next court date. Try to find one who can.
    Answer Applies to: New York
    Replied: 11/2/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The courts will usually accommodate a new attorney taking over an existing case. This assumes that you haven't done something previously to give the court the impression that you are stalling. The new attorney will take care of the necessary contacts with the court and the prosecutor.
    Answer Applies to: Minnesota
    Replied: 11/2/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If the attorney is appointed then you cannot just fire him like you would a retained attorney. What you can do is once you retain your attorney have him sign and file a stipulation and order to substitute counsel. It would then be up to your new attorney to ask the judge for an adjournment to get caught up with the case. More than likely it should be granted.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no guarantee that the Judge will continue the case because a defendant chooses to terminate their counsel only shortly before a hearing. A great deal may depend on the nature of the case and the procedural status at the time that a continuance request is made. If you terminate a public defender, then you would have to hire your own attorney. A dismissal of one public defender is, in essence, a dismissal of the public defender's office.
    Answer Applies to: Minnesota
    Replied: 11/2/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We generally recommend trying to work out any issues with the current lawyer, if possible, but if you elect to terminate him, it is not possible to guess, on these limited facts, whether or not the new lawyer could get the case continued. For instance, it is unclear how many times the case has already been on the calendar. Naturally, this topic would be one matter, among many, that you and any new, prospective attorney would need to discuss and, if you choose to go this route, you should do so ASAP.
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    Generally the judge will grant a continuance in situations like this. The judge may seem angered because of the situation but that is not your problem.
    Answer Applies to: Hawaii
    Replied: 11/2/2011
    Miel & Carr, PLC
    Miel & Carr, PLC | Keeley D Heath
    Whether or not your case is adjourned is up to the court. I have been retained in on many cases where clients have been unhappy with their previous attorney. Most of the time, in that situation, the court is willing to adjourn at least briefly. Preparation is key to winning a trial, and it is concerning that your attorney has not contacted you to prepare for trial. If you plan to hire someone, you should do it as soon as possible.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It's up to the Judge. If the Judge feels like you are playing games, he won't relieve the attorney on something set for trial (not to mention on the date of trial). What you can do is hire another attorney who can go to court to advance the case and sub in prior to trial. Judges don't like to disturb things on the date of the trial.
    Answer Applies to: California
    Replied: 11/2/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    It really depends on the judge. Some judges will give a new attorney extra time, others will not. The big factor is usually the age of the case. The older the case the less likely it will be continued.
    Answer Applies to: Oregon
    Replied: 11/2/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    It's possible, but you won't know until you try. So it's up to you! Good luck!
    Answer Applies to: Utah
    Replied: 11/2/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You would have to waive your speedy trial rights but the court should grant your motion.
    Answer Applies to: Washington
    Replied: 11/2/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    If new lawyer appears case should be continued. New lawyer will know what to do.
    Answer Applies to: New Hampshire
    Replied: 11/2/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You can only replace an appointed attorney with another appointed attorney if the judge allows it. Its also up to the judge whether to delay a trial for new counsel to get up to speed.
    Answer Applies to: New York
    Replied: 11/2/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    The judge has discretion to allow or disallow a continuance for good cause. If he or she believes that you've already had plenty of time to raise these issues and that subbing out your attorney would unduly waste the court's time, the judge can reject the request. Generally, reasonable accommodations will be made if you have a good reason and you don't wait until the last minute. Bring it up with your attorney and make sure that the court is given plenty of notice.
    Answer Applies to: California
    Replied: 11/2/2011
    Stevens Law Office, PLC
    Stevens Law Office, PLC | Ryan Stevens
    Sometimes the Court will be sympathetic to what you are going through and will agree to continue the case, especially if a new attorney comes onto the case.
    Answer Applies to: Arizona
    Replied: 11/2/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends. If the Court feels that the firing of the lawyer is merely a tactic to delay things, they may not agree to delay the trial date. If you hire a new lawyer, they can look into all of that for you and handle it as is appropriate.
    Answer Applies to: Colorado
    Replied: 11/2/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Some judges are willing to continue a trial if you bring in a new attorney, some will leave the date set and tell you to make sure that attorney is prepared to proceed. The sooner you or the attorney give the court and prosecutor notice of the change, the more likely the date will be continued.
    Answer Applies to: Minnesota
    Replied: 11/2/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    If he is court appointed then you have to get another attorney that you wish to hire and the attorney will file the Cert. of Rep. and ask for the continuance.
    Answer Applies to: Minnesota
    Replied: 11/2/2011
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