If you have been given a court appointed lawyer and after a while you are not satisfied and what to hire your own, is the judge allowed to deny you that right?

Asked on October 2, 2015 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You do not have a constitutional right to the "court appointed" attorney of your chosing, however, you do have the right to a "retained" attorney of your chosing.  For the judge to deny you the right to have a retained attorney of your chosing is reversible error and subject to a pre-trial writ (which is basically an early appeal during the case).  You cannot use the request for a different attorney, however, in order to get a continuance.  If you are set for a trial, then the new attorney will have only the time currently available to prepare your defense.

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