Criminal defendants occasionally fire their court-appointed attorneys right before trial.
Here’s how it usually plays out.
A defendant is arraigned, and the court appoints a lawyer at the taxpayers’ expense.
The defendant refuses to plead and instead insists on taking his case to trial.
Accordingly, the court-appointed lawyer works hard on the case for a year or more–filing and arguing motions, employing a private investigator, and doing everything necessary to provide a solid legal defense.
At long last a trial date is scheduled along with the preliminary “trial readiness conference” which usually takes place a month or so before the trial.
At that hearing–or whatever hearing happens to be the last before trial–the defendant fires his initial lawyer and requests new counsel.
Probably 90% of the time, the court will give the defendant what he wants, and a new attorney steps in and starts from scratch.
Why do defendants do this? I think there are a few reasons.
First, I’m sure many defendants are afraid of trial. That’s understandable. Trials are scary. If you lose, you’ll be a convicted criminal and could potentially face jail time. So it’s natural to get cold feet.
Second, I think many defendants fire their court-appointed counsel to intentionally prolong the proceedings and grind down the prosecution. They think the prosecutor and the court will be so frustrated, that they’ll just drop all charges out of exasperation. I assure you, that never happens.
Finally, it seems like many criminal defendants just want a fresh set of legal eyes to review everything. I say this because half the time that new counsel is appointed, the defendant simply takes the plea deal that’s been there the entire time. It’s as if the defendant just wanted another lawyer to step in and say, “you’re getting a fair plea offer and you should accept it.”
There are, of course, down sides to canning your lawyer at the last moment.
For starters, it will likely irate everyone–the prosecutor, the judge, the defense attorney, etc. And the judge will almost certainly admonish you for your actions.
Many prosecutor–though not all–may even take certain plea recommendations off the table or stiffen their proposed sentences if the case does in fact proceed to trial.
Last of all, you need to realize that you’re very likely stuck with whatever lawyer you get next. The skill and experience of court-appointed lawyers can vary greatly. So you should think long and hard before you fire your initial lawyer and gamble on a replacement who, for better or worse, you’re stuck with until the end of your case.