Is a defendant entitled to discharge or appoint a new attorney on remand?
California, United States of America
The following excerpt is from People v. Pedroza, G049089 (Cal. App. 2016):
In a supplemental letter brief, defendant asks for a new attorney on remand. As defense counsel at trial was retained, rather than appointed, he may, of course, discharge trial counsel and either retain new counsel or seek appointment of the public defender. As long as he does so in a timely manner, it is difficult to envision any prejudice to the prosecution. (See People v. Ortiz (1990) 51 Cal.3d 975, 983-984.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant personally raise the issue of ineffective assistance of counsel by bringing a motion to discharge his attorney and appoint a new attorney? (California, United States of America)
When a defendant has appointed a new attorney to investigate a claim of ineffective assistance of trial counsel, is the proper procedure to substitute a new appointed attorney for all purposes? (California, United States of America)
Is a Defendant entitled to a Defendant's attorney fee reimbursement as part of the terms and conditions of his probation? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Is a defendant entitled to discharge his attorney? (California, United States of America)
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney? (California, United States of America)
Is a defendant entitled to discharge his attorney? (California, United States of America)
Is a defendant entitled to replace his court-appointed attorney? (California, United States of America)
Is appellant's contention that he would rather be able to represent himself rather than rely upon an attorney appointed by his appointed attorney without consulting the court? (California, United States of America)
Is a defendant's lack of trust in an appointed attorney sufficient to compel appointment of a substitute counsel? (California, United States of America)
