Why Your Criminal Defense Attorney May Need To Go

Just because you have hired a criminal defense attorney doesn't mean you're stuck with him or her throughout your case. This, unfortunately, is what a lot of defendants think. Granted, there are disadvantages to switching counsel midway through your trial. It shouldn't be done unless you've been given little other choice. On the other hand, however, a bad lawyer can sink your case. If you don't feel as though you're getting what you need from your counsel, then why are you paying them so much money? The public defender is free, after all. Here are some of the reasons you may need to fire your lawyer.

Communication is Nonexistent

This is a tricky subject, because many defendants expect more from their criminal defense attorney than they have any reason to. If you think your lawyer should be at your beck and call, then you're probably going to be disappointed, regardless of who you hire. There is a difference, however, between a reasonably busy lawyer and one who simply won't get back to you at any time. Firing off an email answer to a question or returning a call within a day or two is not too much to ask. Take your issue up with your representation and ask them to improve their communication. If they wave you off or fail to improve, you may want to replace them.

Withholding Information

A criminal defense attorney should be loyal to one person and one person only: their client. If you ever have reason to believe that those loyalties have been compromised, you have reason to fire your lawyer. One such scenario could arise if you find out that your lawyer has been withholding information. If the prosecution offers a plea bargain opportunity and your lawyer doesn't inform you of the scenario, they have failed you from a professional standpoint and, indeed, committed malpractice, even if they had your best interests at heart. Don't stand for it.

Fighting Your Wishes

A criminal defense attorney has both the right and the duty to talk you off the ledge. They must inform you of both your legal options and their professional recommendation. At some point, however, enough is enough. If you've decided to take your chances at trial instead of accepting a plea bargain, for instance, they need to either get on board with that plan or remove themselves from the case. You don't want to go to trial with a representative who seems more interested in going another route.

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