Can the court appointed attorney who was assigned to our son’s case be fired so that we can request another one?
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Can the court appointed attorney who was assigned to our son’s case be fired so that we can request another one?
Our son had a pro bono attorney assigned to defend him for a criminal case. However, they failed to contact the state facility where he was released from to verify specific information, The attorney also failed to properly defend him using key witnesses to testify. Is it too late todo anything?
Asked on February 8, 2014 under Criminal Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you are indigant, you have the right to a court appointed public defender. This does not mean however, that you are entitled to the attorney of your choice. That having been said, if you feel that you are being given inadequate representation by your court appointed attorney, you can file for a "substittion of counsel". Here is a link to an article that you may find to be of help:
https://criminal-law.freeadvice.com/criminal-law/criminal-law/public_defender.htm
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
If you are indigent, you have the right to a free criminal defense attorney, but you do not have the right to choose your free attorney. You can fire the public defender and hire (i.e. pay for) another criminal defense attorney. Of if your son is/was convicted, you can appeal that conviction based upon ineffective assistance of counsel.
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