Legal Question in Criminal Law in Texas

Rights Of Client

I have a son that is in jail for aggravated armed robbery the attorney i hired isnt doing a good job in my opinion he said it is too late to fire him because court is monday. is that true? can i talk to the da myself?


Asked on 2/24/09, 7:45 pm

1 Answer from Attorneys

Ruben Gonzalez Ruben Gonzalez, P.C.

Re: Rights Of Client

The answer, it depends on how old your son's case is in the representation; meaning is the case set for trial in a few weeks? If so, then there is little time for a new attorney to take over the case and prepare for trial, or is the case specially set for trial, etc. The attorney is probably making a practical statement versus a legal one. Most judges will not liberally grant a motion for continuance if they believe the defendant is attempting to delay by seeking new counsel. If new counsel is sought because new information has come to light or the present attorney and client have had a breakdown in communicating with each other due to differences of opinion or strategy, the judges will consider a continuance for purposes of seeking new counsel and the defendant makes a showing that new counsel is sought for purposes of seeking justice and not delay. A timely decision is necessary to show the judge that the defendant has acted in his interest and realistically has the means to hire new counsel. Ultimately, the judge�s decision depends upon the facts of the case. Equally important is the right of the defendant is to be represented by an attorney of his choosing at the defendant�s cost; if the counsel is appointed, then the defendant does not have the right to choose his counsel.

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Answered on 2/25/09, 3:34 am


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