Can I Change Attorneys in My Criminal Case?

Your Right To Hire (And Fire) The Lawyer You Choose

The right to your counsel of your choice is one of the most important rights granted by the United States Constitution. This right is so important that the United States Supreme Court has found the denial to one’s right to counsel of choice wholly deprives a defendant of a fair trial. But every right, even those that are most fundamental, have limitations. Read on to learn more about your right to counsel of choice, when you can change attorneys in your criminal case, and why a change of counsel may be the right decision for you.

Understanding Your Right to Hire The Attorney You Want

The Sixth Amendment to the Constitution is just one sentence, but it grants criminal defendants numerous indispensable fundamental rights in every criminal proceeding. At first glance, the text of the Sixth Amendment does not appear to say anything about the right to counsel of choice:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

U.S. Const., Amend. VI.

This one (long) sentence provides criminal defendants with many Constitutional rights, including the right to counsel of choice.

The United States Supreme Court has long interpreted this part of the Sixth Amendment to guarantee the right of a person facing criminal prosecution to retain counsel of his or her choosing. In United States v. Gonzalez-Lopez, the Supreme Court reversed a conviction after finding that the district court denied the defendant his choice of counsel. The Court found that the denial of this right was a “structural error” that wholly deprived the defendant of a fair trial. It did not matter whether the substitute counsel was effective.

According to the Supreme Court, when a defendant is deprived of his right to counsel of choice, that error is so serious that there is no other remedy but to reverse the conviction.

How to Know When It Is Time to Switch Lawyers

When you are facing criminal charges, having the right attorneys at your side means everything. Often times, a person may be rushed to hire an attorney as soon as possible if they are arrested, given a target letter, or receive a grand jury subpoena. Unfortunately, the urgency of hiring an attorney can often lead to hiring an attorney that may not be the right fit for your case.

The good news is it is never too late to switch attorneys and hire the counsel of your choice. With a few limited exceptions discussed below, you always have the right to hire a new attorney to handle your criminal case.

There are a number of reasons someone may want to change attorneys in the midst of a criminal case. In our experience, these reasons often include:

Failure to Communicate Effectively:

Far too often we hear stories of how attorneys go radio silent after being retained. Once they get your retainer, you are only able to speak with the receptionist or paralegal, and getting your attorney on the phone is like pulling teeth.

We don’t operate that way. When you call Evergreen Attorneys, you will speak directly with one of our lawyers every time. We pride ourselves on our communications with our clients and being available to answer calls and emails.

A Sense That Your Case Is Not a Top Priority:

When you are being prosecuted for a crime, your life is literally on the line. The stakes are incredibly high, and you may not feel like your current attorney understands or appreciates the seriousness of your situation. It may be that your lawyer has too many cases. Or maybe you just feel as though your case is not a priority for them.

We are a small boutique law firm that only take on a limited number of cases at a time. Our focus is solely on criminal defense. We do not handle DUIs, traffic tickets, or divorces. We are 100% dedicated to our clients because we know what is at stake in your case.

Competence in Federal Criminal Cases:

Many lawyers advertise that they handle federal criminal cases. In our experience, few of those attorneys have much experience at all in federal courts. Even less have actual federal trial experience or federal appellate work. Having lawyers that are competent in federal court and experience with your type of case can be a game changer.

At Evergreen Attorneys, we only handle federal criminal cases and serious felonies. We have experience across the nation in dozens of federal district courts and courts of appeals. Our experience is what sets us apart. We have won cases in the district court, courts of appeals, and the United States Supreme Court. Make sure the lawyer handling your case has the competency to have your back.

Lack of Trust:

Trust between you, the client, and your lawyer is paramount to effective representation. If you don’t trust your lawyers, you need to seriously consider a change. Trust can be lost by failing to fulfill promises, not communicating with you, or for any number of reasons. Finding attorneys you can trust is essential to fighting your case.

Strategy:

Is your lawyer pushing you to take a plea deal despite your instance on going to trial? Does your lawyer fail to follow up on evidence you believe is necessary for effective trial representation? Has your lawyer discussed with you all possible defenses and formulated a strategy to get you through this difficult time? These are all important questions that can quickly erode a client-attorney relationship if not immediately addressed.

Conflict of Interest:

It can be shocking how many attorneys fail to do a conflict check before you hire them. There are numerous reasons why a lawyer may be conflicted out and unable to represent you. If there is an actual conflict of interest, you will need to change counsel ASAP.

Attorney Discipline:

We like to think it rare that an attorney who has been suspended or disciplined by the state bar isn’t practicing law. Unfortunately, we have seen too many cases where the client learns after their case is over that the attorney’s license was suspended or they were under discipline at the time of the case. You can check for any public disciplinary proceedings by visiting your state bar’s website.

What Makes Evergreen Attorneys Different?

 

Only a fraction of attorneys practice criminal defense. An even smaller number are equipped to take on the U.S. government in federal prosecutions.

Here are some of the things that we think makes Evergreen Attorneys different from other Colorado lawyers:

• We only focus on federal cases and high-stakes felonies. No family law, no medical malpractice, no transactional lawyers, and no traffic tickets.
• We only employ experienced partner-level attorneys. No fresh-faced associates right out of law school.
• We are a boutique federal defense law firm. We are selective with our cases and every decision we make is tailored toward providing client-first exceptional criminal defense.
• Evergreen Attorneys handles criminal cases nationwide. We are not interested in being golfing buddies with the prosecutor.

Knowing the Limitations on the Right to Counsel of Choice

There are some limitations on the right to counsel, and some procedural hurdles that you may have to consider when switching attorneys during your criminal case.

First, the right to counsel of choice means the right to retained counsel. If you qualify for court appointed counsel, you do not get a choice in who is appointed to represent you. However, if you do have court appointed counsel, you still have the right to retain the counsel of your choice in place of appointed counsel.

Second, you need to consider where you are in your criminal case. If you have a trial date coming up soon, your new attorney will probably need a continuance to get discovery and get up to speed. This is typically not an issue, but there are some circumstances where a court will deny a continuance on the basis of new counsel. This is something you should discuss in great detail with your potential new attorneys before making a switch.

Whether you are in the early stages of your case, or trial has been set, or you have just been convicted and are looking for a new attorney, time is of the essence. Courts generally are willing to continue deadlines for good cause, but the longer the delay the more difficult that may be.

Federal Defense Lawyers at Evergreen Attorneys

Know Your Rights: Contact Evergreen Attorneys If You Are Thinking About Changing Lawyers

Having the right attorney on your side means everything when you are fighting for your life. Always remember, you have a constitutional right to have the attorney of your choice represent you in your criminal case. No matter what stage your case is at, the lawyers at Evergreen Attorneys are here to help. Contact us today to at (303) 948-1489. You can also fill out a Contact Request form and we will give you a call.