Can the court appointed attorney who was assigned to our son’s case be fired so that we can request another one?

UPDATED: Feb 8, 2014

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Can the court appointed attorney who was assigned to our son’s case be fired so that we can request another one?

Our son had a pro bono attorney assigned to defend him for a criminal case. However, they failed to contact the state facility where he was released from to verify specific information, The attorney also failed to properly defend him using key witnesses to testify. Is it too late todo anything?

Asked on February 8, 2014 under Criminal Law, Texas


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

Answered 8 years ago | Contributor

If you are indigant, you have the right to a court appointed public defender. This does not mean however, that you are entitled to the attorney of your choice. That having been said, if you feel that you are being given inadequate representation by your court appointed attorney, you can file for a "substittion of counsel". Here is a link to an article that you may find to be of help:



Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

If you are indigent, you have the right to a free criminal defense attorney, but you do not have the right to choose your free attorney.  You can fire the public defender and hire (i.e. pay for) another criminal defense attorney.  Of if your son is/was convicted, you can appeal that conviction based upon ineffective assistance of counsel.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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