Can a Judge be fired from a case

[foreverprecious]

Can someone tell me if the Defendant in a criminal case, has the right to fire and hire his attorney? At the same time can another judge be requested?. Also the District Attorney can they be changed?

Thank you

 

[calalily]

Is your lawyer a public defender assigned to you by the court? You can fire a public defender if you're going to hire your own private representation otherwise you have to prove to the court that the public defender is doing something wrong. If he/she is not a public defender, you have the right to hire and fire an attorney BUT if you're in the middle of the court case/hearing you may need permission from the judge and just cause. You cannot request a new judge or District Attorney. If gross misconduct or something outrageously unethical is going on your lawyer would have to file charges or something like that, against them. I don't know the procedures for something like that. You need to give a litle more detail and the state you're in. Are you in the middle of the trial? Is your lawyer a public defender? Why do you feel the need to fire him or her? It may help you get a response from someone with more knowledge on the judicail system.

 

[foreverprecious]

Hi,

Sorry so wordie


I'm in cali... This is on a criminal case. When the defendant retained the attorney the attorney said he doesn't see any reason why we can't get this dismissed. Well when he went to court the attorney tells him to waive his right to a prelim hearing, stating that the prosecution wouldn't be able to brush up on there testimony, not to worry will let it collect a little dust ride thru the court system and they will dismiss it, so we are thinking ok, your the attorney...But then we start wondering why can't we just tell the judge what happened, show him our proof and then it would be dismissed, because there is no probable cause, no intent to commit, ect. he didn't commit a crime and the eye witness reports confirm that it was another person. Well everytime we go to court the attorney comes out with a plea bargin. Were still thinking ok come on can't we just talk to someone and tell them what happened, why are you trying to make an innocent person go to perison. I reseached hour after hour, day after day and couldn't find anything that would stop it from being dismissed. So we finally say enough is enough and I ask the attorney if the judge even knows what took place? He mumbles something and says the DA's offer is this. Well the first offer about a 2 months ago was 1 year......no........next time we go to court says 2 years...no....the attorney tells the defendant he has 2 weeks to deceide if he wants to take a plea bargin and do 2 years or go to jury and take a chance, and he puts it like this, that the jury is tired wants to go home and just goes ahead and gives a guilty verdit. He said he could fight it with no problem, and he knows he would be able to show the jury that the defendant is innocent, but it all lalls on the jury. At this point I;ve had it, I can't understand why it's been handled this way, why we can' talk to anyone, the fact that an innocent person has to plead not guilty was killing me, I always had so much faith in our legal system, even though I had never been involved really. We make an appointment w/ the atty, met and he goes over the same thing.....he never once gave a straight answer saying if the judge was aware of what took place and it could be proved, he wouldn't even look us in the eyes when he talk to us. Well this morning we go in to court ready to accept the fact that our legal system failed us, take the plea and go to prision for doing nothing and the attorney comes out and says I got some bad news the da changed it to 6 years period.....he gives the same mumble mumble of every question we ask and keeps pushing it off saying it's what the DA wants.....OH MY GOD MY HUSBAND HAS MINUTES TO DECEIDE, HE SAYS HE'S TAKING THE DEAL HE DOESNT WANT TO TAKE A CHANCE OF THE JURY JUST CONVICTING HE BECAUSE WANT TO GO HOME AND PUT THERE FEET UP.....ME AND MY BROTHER IN LAW ARE LOOKING AT EACH OTHER LIKE, IT WAS JUST UNBELEIVABLE....WELL THE ATTORNY SAID HE WOULD ASK THE JUDGE FOR 2 DAYS, WE TALKED MY HUSBAND IN TO IT....THANK GOD WE DID.......WE GO BACK ON THURSDAY 1/12/06. WE GET HOME I'M NO GOOD TO ANYONE, I CAN'T STOP CRYING, I CAN'T FIGURE OUT OR GET AN ANSWER WHY THIS HAS HAPPENED. THE ATTORNEY KNEW FROM THE START THAT MY HUSBAND WANTED TO GO IN AND GET IT DISMISSED,
THIS ATTORNEY THAT WE GOT, IS NOT A CRIMINAL DEFENSE ATTY PERSAY....SO HE TOOK ON THE CASE KNOWING FULL WELL THAT WE WANS'T GOING TO PRODUCE THE END RESULT THAT HE SAID HE COULD, BECAUSE BE WASN'T QUALIFED TO FIGHT THE DA......SO HE HAD MY HUSBAND WAIVE HIS RIGHT TO A PRELIM HEARING AND FIGURED HE WOULD JUST GET A PLEA BARGIN FOR HIM AND BE DONE WITH IT.....NO WONDER WHY HE WOULDN'T ANSWER ANY QUESTIONS, HE NEVER DID ANY REASEARCH ON THE CASE, WE TOOK PICTURES ECT. AND TO THINK WE TRUSTED HIM......NOW W/ ABOUT 31 HOURS LEFT BEFORE WE GO TO COURT......WE HAVE CONTACTED THE TOP CRIMINAL DEFENSE ATTORNEY IN TOWN, HE IS BOOK SOLID BUT I EXPLAINED TO SECRETARY WHAT HAPPENED AND SHE SAID SHE WOULD GET AHOLD OF HIM GET US IN TO SEE HIM, WE DIDN'T GET A CALL BACK 2NITE, SO HOPEFULLY TOMARROW.......IS THERE ANYWAY TO STOP THIS??? There is more that the attorney did as far as breaking bar rules and court rules.......what can we do......?????

Tank you

 

[calalily]

I am so sorry for your problems. Unfortunately, The Law Forum is not to take the place of legal cousel and basically answers questions in general about law, not specific cases like yours. Your case is very serious and a criminal lawyer needs to advise you. Hopefully, the criminal attorney you contacted can advise you soon. Good luck, and once again I am sorry for your problems.