Legal Question in Criminal Law in California

Discharging an attorney (private not PD)

My brother is the defendant in a criminal matter. He has had problems after problems with his attorney who is private and NOT a PD. He is now facing sentencing due to a plea bargin which we believe is illegal (he was taking prescription pain meds at the time of the plea plus things were added to the plea AFTER he signed it)....he wants to fire his attorney and have the court appoint one since he now can not afford another attorney. He is due to be sentenced in three days. He tried to file a paper with the court terminating his attorney and moving to have one appointed but the clerk refused to file it. He has terminated the attorney by writing him a letter and telephoning him and telling him he is terminated. Can the court stop him from terminating his attorney ? Can the court refuse to appoint him one ?


Asked on 8/14/07, 12:56 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Discharging an attorney (private not PD)

He can discharge his attorney any time, but the court is not obligated to appoint him one, and probably won't if the 'deal' has already been approved. There are motions he can file IF he hires another attorney that knows what to do to try to set aside the plea bargain. If he is ready willing and able to hire private counsel to do so, and if the case is in SoCal, feel free to contact me.

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Answered on 8/14/07, 1:27 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Discharging an attorney (private not PD)

He should ask the court to appoint a pd to represent in a motion to withdraw his guilty plea. I was involved in a case where the client agreed to the plea bargain that I had arranged. At the time for sentencing he asked to withdraw his guilty plea. The court, at my request, appointed a public defender to represent him. This should apply to your brother.

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Answered on 9/01/07, 3:37 pm


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