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

Answers:

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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