The 6th Amendment ensures the right to legal representation. After all, every television show has told us that a public defender is appointed if you can’t afford a lawyer. But whether that lawyer is hired or assigned, they should offer the best possible defense.
Unfortunately, many people caught up in the criminal process don’t always get their attorney’s best. If you’re dealing with criminal charges and doubt the efficacy of your attorney, it may be time to consider a change.
Signs You Should Change Your Criminal Defense Attorney
Being charged with a crime is hard enough. But, several reasons might influence your decision if you’re considering whether to fire your current criminal defense attorney and hire new representation. Here are some common scenarios that might lead you to reconsider your present defense attorney.
Lack of Communication
Leaving you in the dark about your case is not acceptable. A quality attorney should keep you informed about your progress and developments. If they’re frequently unavailable, consistently fail to return your calls, emails, or messages, or make critical decisions without your input, it’s a big red flag.
Breach of Trust or Confidence
Attorneys are held to high professional standards, and for good reason. If you feel that your attorney has betrayed your trust or confidence, whether through dishonesty, sharing confidential information, or any other unethical behavior, it’s time to rethink your arrangement.
Failure to Act
An attorney’s diligence is crucial for a strong defense. It jeopardizes your case if they consistently miss deadlines, neglect essential motions, or appear disorganized. These oversights can result in missed opportunities and negatively impact the outcome. Persistent negligence might signal the need to re-evaluate your legal representation.
Lack of Experience
Navigating complicated criminal charges requires considerable knowledge and experience that can be tailored to your specific situations. If, as your case unfolds, it becomes evident that your attorney doesn’t possess the nuanced understanding essential for your defense, this shortcoming could compromise the outcome and warrant consideration of more specialized representation.
Fee Disputes
Transparent and fair billing is fundamental to the attorney-client relationship. Suppose you go with a private attorney rather than a public defender and encounter situations where the charges seem inflated, or billing procedures lack clarity. In that case, it can erode trust and indicate a need to reassess whether you’re getting honest and straightforward representation.
Conflicts of Interest
If your lawyer has ties or relationships with any party involved in your case that could potentially bias their actions or decisions, it poses a significant conflict of interest. Such entanglements can undermine your defense and necessitate the consideration of a more impartial representative.
Failure to Explain Rights or Options
An attorney’s role isn’t just to represent and inform and guide. If your lawyer neglects to clarify your rights, outline the legal process for your situation, discuss potential repercussions, or present viable defense strategies, it’s a lapse in their duty. This omission leaves you in the dark and may suggest the need for a more attentive legal counsel.
Pressure You to Accept a Plea
Sometimes, a plea is the best scenario, but not always, and you should be aware of the terms and what they mean – long-term. An attorney should present all options and their implications to ensure informed decisions. If your lawyer persistently pushes a plea deal without comprehensively detailing its consequences or considering alternatives, it raises concerns about their dedication to your best interests.
Poor Courtroom Behavior
A lawyer’s demeanor in court directly influences the perception of your defense. If your attorney regularly exhibits unprofessionalism, disorganization, or lack of preparation during court appearances or fails to advocate on your behalf, it jeopardizes your case and suggests the potential benefit of seeking a more effective representative.
Fundamental Differences in Strategy
A collaborative attorney-client relationship is essential for a robust defense. If there’s a deep-rooted divergence in case strategy between you and your attorney, and you sense your perspectives aren’t valued or acknowledged, it may be time to seek a lawyer more aligned with your vision and what you hope to achieve.
Lack of Resources
Effective legal representation requires resources. Usually, that means a dedicated staff and a time commitment from your attorney. If your attorney appears stretched thin, lacking the necessary manpower or time to give your case the attention it merits, it may signal the need for an attorney with better capacity and resources to ensure your defense’s vigor.
Bar Complaints or Malpractice
An attorney’s track record speaks volumes. Unearthing state bar complaints or legal malpractice suits against your lawyer can be a serious red flag, indicating potential trust and efficacy issues. Such discoveries may warrant a deeper review of their suitability to handle your case.
Finally, Trust Your Gut
If you feel uneasy or uncomfortable with your attorney on an instinctual level, it’s more than just personal rapport at stake. Intuition can be a powerful tool; if something feels misaligned, it might be a sign to evaluate the benefits of making a change.
Don’t Let the Fear of Changing Lawyers Hurt Your Case
Switching attorneys amidst a pending criminal case is hard for many clients. Financial burdens, potential case delays, the court’s perception, and breaking established relationships with their current attorney often weigh heavily on their minds. Clients may also fear complications in their case’s strategy, concerns about confidentiality, contractual repercussions, and the emotional toll of leaving their attorney, coupled with the overwhelming process of finding a new representative.
However, despite these concerns, your best interest should come first. If you feel your representation is compromised or not up to the task, the effects of continuing under unsatisfactory counsel could be a lot worse. Seeking a second opinion or another consultation can offer much-needed perspective and guide clients toward making an informed decision.
How to Switch Criminal Defense Lawyers in Ohio
You can change your attorney in Ohio even if your case is ongoing. Yet, the timing within your case can influence a judge’s decision to approve the switch. Before taking that step, discuss your reservations with your present lawyer. If there’s no resolution, seek the judge’s permission for the change.
Can I Switch from a Public Defender to a Private Attorney?
Public defenders often juggle many cases, sometimes limiting the attention they can devote to each. If you feel underserved, transitioning to a private defense attorney is an option. Ensure you inform the court before your next hearing to make any necessary
adjustments.
Finding the Right Defense Lawyer
All attorneys are not created equal. Different lawyers focus on varying law areas. Do thorough research to identify those who are highly experienced in the charges you face. Most criminal defense lawyers provide free consultations, which can help gauge their experience, outcomes, and approach.
How to Change Lawyers in an Ohio Criminal Case
If you feel that every option has been exhausted and want to change your attorney, follow these steps to get new counsel:
- Ask the court for permission to find new legal representation. If they approve, continue with the next steps.
- Tell your lawyer in writing that their services are no longer needed. This can be through physical or electronic means.
- Make sure your now former attorney is paid up to date. If not, they can come after you later.
- Find the lawyer that you feel more comfortable with.
- Hire them on and present them at your next court date.
Speak to the Defense team at LHA – Free Consults 24/7
Having the right attorney can make all the difference, from reducing charges to dismissing them entirely. If you’re concerned about your current representation and are in Cincinnati, contact Luftman, Heck & Associates.
Our Cincinnati defense attorneys, Brad Groene, and Juliea Crumes, pride themselves on their dedication, skill, and experience in securing favorable results in cases like yours. Call (513) 338-1890 24/7 for a free, confidential case evaluation.
