May I get another lawyer if I have a public defender?

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May I get another lawyer if I have a public defender?

May I pay a lawyer so he may represent me. I have been charged with a first degree felony.

Asked on February 22, 2013 under Criminal Law, New Mexico

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general rule you can change or "substitute" counsel with the couts permission. That having been said, it will depend at what point you are at in the proceedings. For example, changing counsel in the middle of a trial, would be difficult if not impossible absent your current attorney becoming incapacited in some way (e.g. they fell ill).

The fact that you have a PD indicates that you are "indigant" (i.e. without funds). However, if you can come up with a retainer for a private attorney, again as a general rule, you can get make a substitution.


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