How do you replace a court appointed attorney?

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How do you replace a court appointed attorney?

He never responds to calls and is late showing up to court.

Asked on January 28, 2018 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, such a change is called "substitution of counsel". Wile a defendant can request such a change, the court does not have to allow it. There will need to be a hearing which means that you can get a different lawyer to represent you if the judge can be convinced that it is necessary inorder to have your caae adequately presented. To seek a hearing, you will need to write a letter to the judge requesting one (note: a copy should be sent to the prosecutor and the attorney who you want removed). Make sure the original/copies are sent via certified mail, return receipt requested (you will also need to keep a copy for yourself). This letter must state why you want your current attorney removed; you'll need to list the problems that you've had with them. The letter should be kept short and be sure to be truthful.


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