Changing Lawyers: Public Defender to Private Attorney
If you’re facing criminal charges and can’t afford an attorney, the court may appoint a public defender to represent you. But what happens if your financial situation changes, or you decide you’d prefer to hire private counsel later?
The answer is: Yes, you can start with a public defender and switch to a private attorney later—if you follow the proper process.
Let’s break down how it works.
What Is a Public Defender?
A public defender is a government-appointed lawyer assigned to represent people who are financially unable to hire private counsel in criminal cases. They’re licensed attorneys who often have deep experience handling criminal cases, but they tend to have high caseloads and limited time for each client.
Can I Switch from a Public Defender to a Private Attorney?
Yes. If you qualify for a public defender but later decide—or become able—to hire your own lawyer, you can do so.
However, here are a few important points to understand:
1. You Have the Right to Choose Your Attorney
The Sixth Amendment guarantees your right to legal counsel, and that includes the right to hire the attorney of your choice, as long as doing so doesn’t cause unreasonable delays or interfere with court proceedings.
2. You’ll Need to Notify the Court
If you decide to hire a private attorney, your new lawyer will usually:
- File a notice of appearance with the court, and
- Request the court to allow the public defender to withdraw from your case.
Once approved, your private attorney takes over, and the public defender steps aside.
3. Timing Matters
Courts don’t want last-minute changes that disrupt the schedule. If you wait too long (e.g., right before trial), the judge might deny the switch unless you have a very good reason.
4. You Can’t “Double Dip”
You can’t keep a public defender and hire a private lawyer at the same time. Once you choose private counsel, you’re responsible for the full cost—even if things don’t work out later.
What If I Run Out of Money After Hiring a Lawyer?
If you hire a private attorney but can no longer afford their fees, you may be able to request a new public defender—but the court will likely require financial documentation and may not automatically approve your request. It’s important to be honest and proactive with the court if this happens.
Bottom Line
You can switch from a public defender to a private attorney if you choose to and can afford to—but you must follow the proper legal procedures, and timing is key.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
