Can a defendant request a different public defender?

Asked by: Mr. Darren Macejkovic DDS  |  Last update: August 30, 2025
Score: 4.3/5 (48 votes)

A defendant may ask the court to replace their court-appointed attorney with a different one, but they do not have an absolute right to a replacement. If a defendant is having problems with their lawyer, they may have a better chance of replacement if their current lawyer agrees to a substitution.

Can you choose a different public defender?

If you qualify, the judge will appoint a public defender. It is important to note that you do not get to choose your public defender, and you will be stuck with whoever is assigned. You may also be required to pay a fee for the services of the public defender.

Can I request a new appointed attorney?

The decision to change your court-appointed attorney is not one to be taken lightly. Everyone is entitled to competent legal representation, and if you believe that your attorney is not providing this, you may have grounds to request a new one.

What is an alternate public defender?

An Alternate Public Defender is an attorney employed by the County of Los Angeles and assigned to the Alternate Public Defender's Office. APD attorneys represent persons charged with a crime who cannot afford to hire a private attorney and where the Public Defender has a conflict of interest.

What percent of cases do public defenders win?

While the success rate for other defense attorneys edged up only from 12% (2008-09 through 2018-19) to 13% (2019-20 through 2022-23), for public defenders it nearly doubled, soaring from 18% to 35%.

10 Things To Request Of Your Public Defender / Defense Attorney

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How often do defendants win?

In both Federal and large State courts, conviction rates were the same for defendants represented by publicly financed and private attorneys. Approximately 9 in 10 Federal defen- dants and 3 in 4 State defendants in the 75 largest counties were found guilty, regardless of type of attorney.

What happens if you can't get a public defender?

Alternatively, the Courts may have a list of low-cost legal services within the area. This will at least be a good starting point for finding legal counsel that is affordable and able to being the process of providing legal representation. The next course of action is to call around local law firms.

What is a conflict public defender?

One example of a conflict of interest is when the assigned public defender previously worked with that client. The attorney may argue that he or she cannot best help that client based on past evidence or information shared between the two.

Is a public defender like a lawyer?

All public defenders are fully licensed lawyers who went to law school and passed the state bar exam. The government pays the salaries of public defenders, just as it does for prosecutors, city attorneys, lawyers who work for government agencies, judges, and court personnel.

Can you ask for a new lawyer?

Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem.

Can you sue a court appointed lawyer?

If you believe that your public defender's actions (or lack thereof) have resulted in harm to your case or your rights, you may have grounds for legal action.

How much do public defenders make compared to private lawyers?

The average entry-level salary for a prosecuting attorney is $51,100, for public defenders it is $50,400 compared with private defense lawyers whose starting salaries average $118, 660.

What is a criticism of public defenders?

They are widely viewed as undermining the public welfare, of acting immorally, and of inappropriately empathizing with criminals over victims. Poor funding for public defender offices in many jurisdictions underscores what the body politic in those places thinks of unsparingly zealous public defense.

What does attorney conflict mean?

A conflict of interest exists, however, if there is a significant risk that a lawyer's action on behalf of one client will materially limit the lawyer's effectiveness in representing another client in a different case; for example, when a decision favoring one client will create a precedent likely to seriously weaken ...

Can a plaintiff have a public defender?

There are a few CIVIL situations, at least in CA, that are considered so vital that there are "Gideon" lawyers appointed to assist them at no charge. But most CIVIL cases require plaintiffs to hire their own lawyers or act "in pro per,"for themselves.

Can a public defender leave a case?

All this depends on whether the judge allows it. No lawyer can simply drop out of a case. He must get permission from the court. Since you say your boyfriend's lawyer has already quit, it sounds lke the court gave him permission.

What do I ask my public defender?

10 Questions To Ask Your Public Defender
  • Why These Questions To Ask Your Public Defender Are Important. ...
  • How Long Have You Been Doing This? ...
  • Have You Had This Kind Of Case Before? ...
  • What Is Your Relationship With The Prosecutor? ...
  • What Can I Expect In The Next Month? ...
  • What Can I Expect At The Next Court Date?

Have public defenders ever won a case?

You can have a successful case with a public defender and even win, but your chances are better with a private attorney who has the time, resources, and experience to devote to your case.

Why do defendants cry in court?

Despite the belief that some defendants– particularly those big time suspects who stand accused of pilfering millions, for instance—cry to win sympathy and merely as an act, most defendants who weep in court are likely doing it because they are genuinely scared and even possibly remorseful.

What percent of defendants go to trial?

Because criminal cases can end through dismissals and other means, the rate of criminal cases that actually make it to trial is estimated to be around 2% or 3%. (See State vs. Federal Prosecution.)

Can public defenders be trusted?

For the most part, you can trust a public defender to handle your case responsibly and competently because they are hardworking people that want what is best for their clients. But their ethics will not provide them with limitless time, and they will receive payment no matter what happens in your case.

Is it bad for a lawyer to lose a case?

Former jurors on a case I lost have come to me as clients. Opponents who prevailed against me have later come to me when their next case surfaced because they recognized who the better attorney was. Don't think the loss is a loss. It is a learning experience and can produce great benefits, including future cash flow.

Do lawyers charge for text messages?

Texting can be a very expensive use of an attorney's time. Most attorneys charge a large fee for their texting time, much more than for an email or letter. This of course depends on a person's individual attorney, but in today's legal world the question of an attorney's cost and use of texting needs to be asked.