Firing Public Defender

[innocent_angel]

What is the name of your state? Indiana

My fiance and I are wanting to hire an attorney but he has a public defender. How do we go about firing the public defender so we can hire the new attorney?? I know we can because the public defender told us if we ever wanted to fire him we could, but we are just unsure as to how to go about doing so.

[nanaII]

I believe you would simply tell your public defender that you have hired "private counsel". Your new attorney would then file an "Appearance" with the courts, and your public defender would file a "Motion to Withdraw" as your attorney. Check with the attorney you've hired. He/she would know what to do.

[calatty]

You have to tell the court first. If hiring a new attorney will cause a delay in the proceedings, the court might not let you bring a new attorney in. You also have to deal with the fact that you qualified for a public defender based on your financial information, and now apparently you do have the funds to pay for an attorney.

'You have to tell the court first. If hiring a new attorney will cause a delay in the proceedings, the court might not let you bring a new attorney in. You also have to deal with the fact that you qualified for a public defender based on your financial information, and now apparently you do have the funds to pay for an attorney."

Lying to the court ("I can't afford a lawyer") is not going to go over real big.

...even if...

[nanaII]

Why jump to the conclusion that they lied about their financial position? Maybe they don't have the money. Maybe a family member does and offered to come up with the money to hire a private attorney.

"Maybe a family member does and offered to come up with the money to hire a private attorney."

The court asks you if you have the money or resources to hire an attorney. If you say no, you fill out a form and the public defender is appointed.

These rich relatives who show up suddenly when the defendant complains about a public defender, are a suspicious lot. The judge always wants to know why the defendant didn't report these folks as resources to begin with.

Newly-acquired resources are often looked upon with an askance or two by judges....kinda like the mysterious stranger who gives out marijuana and then disappears into the woods.

[innocent_angel]

Why jump to the conclusion that they lied about their financial position? Maybe they don't have the money. Maybe a family member does and offered to come up with the money to hire a private attorney.

Thank you nanall...you were right....first off he was given the p.d. b/c he was charged with two felonies....he wasn't asked about income. The p.d. is a jerk anyways who does nothing but lie!! He lied to my fiance about things I was telling him. I don't know about any of you but I sure don't want a man like that defending my fiance. The felony charges my fiance is innocent of anyways. Just a bunch of young punk kids pissed off at my fiance. It don't matter anymore about the p.d. anyways...we did fire him and hire another attorney...family helped us out but they had to get a loan to be able to obtian the retainer. My fiance and I are not rich...not even close nor is our families, but family sticks together and does what it takes to help out. Again thanks nanall.

Originally Posted by innocent_angel

Why jump to the conclusion that they lied about their financial position? Maybe they don't have the money. Maybe a family member does and offered to come up with the money to hire a private attorney.

Thank you nanall...you were right....first off he was given the p.d. b/c he was charged with two felonies....he wasn't asked about income. The p.d. is a jerk anyways who does nothing but lie!! He lied to my fiance about things I was telling him. I don't know about any of you but I sure don't want a man like that defending my fiance. The felony charges my fiance is innocent of anyways. Just a bunch of young punk kids pissed off at my fiance. It don't matter anymore about the p.d. anyways...we did fire him and hire another attorney...family helped us out but they had to get a loan to be able to obtian the retainer. My fiance and I are not rich...not even close nor is our families, but family sticks together and does what it takes to help out. Again thanks nanall.

You're double posting

[nanaII]

You are more than welcome. You are right to have fired the PD if they are pitting your fiance against you. That is not their job. Their job is to defend the defendant, not get into a pi$$ing match with you. Good luck.

EVEN IF

you are double posting, I want to hear the outcome of this, okay?

Wouldn't you love to tell me I am wrong?

[innocent_angel]

seniorjudge...want do I need to tell you you are wrong on?? The fact that my fiance won't be going to prision?? I don't understand how he could when I know he's innocent b/c I was with him and there's nowhere near enough evidence to prove otherwise. I will keep you posted though as to what happens...his new attorney was supposed to meet with him today.