How can someone request a new public defender?
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How can someone request a new public defender?
Asked on August 31, 2011 Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, such a request can be made. It is known as "substitution of counsel". There will need to be a hearing; while a defendant can request the substitution of a court appointed attorney the court does not have to allow it. This means that you can get a different lawyer to represent you if you can convince the judge that it is necessary in order to adequately present your case.
To seek such a hearing, you will need to write a letter to the judge requesting a meeting (a copy should be sent to both the prosecutoer and the attorney that he you want removed). Be sure the original/copies are sent certified mail, return receipt requested (you will also need to keep a copy for yourself).
This letter should state that you want your current lawyer removed from you case and give the reasons why. You need to list all problems that you have had. The letter should be kept short and on point. Be sure that you truthful, you don't want to jeopardize your position before the judge by stretching the truth.
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