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  1. #1
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    Default Can You Get a Continuance Due to a Change of Attorney in a Criminal Case

    My question involves criminal law for the state of: Arizona

    Hello, I am involved in a criminal matter and was appointed a public defender. This public defender wasn't contacting me and kept canceling my appts w/ her. I hired a paid attorney and he annoyed the judge and prosecutor by requesting extensions every time we went to court. ( about a years time) He did not do the interviews etc that he stated to me he was doing. Through research, I found out that he was suspended for 45 days during the time he was retained as my attorney, and on a years probation. I had to fire him as he never showed up for pretrial. He forgot about it. The judge and prosecutor were annoyed, because this case has been going on for almost 2yrs now. I was appointed a public defender as my $ was spent on this fired attorney. After firing him, I have found out that this same attorney has been suspended again in March, for six months. The new attorney has only had about 2 months on the case, and stated to me that if he'd had this case sooner, he may have been able to do more. I would like to request a continuance, however, the prosecutor is determined to give me time. The prosecutor offered a plea, and tomorrow I have to either accept that plea, which is extensive, or go to trial. My attorney stated no one wants to go to trial if it's not necessary. The prosecutor stated that after tomorrow, the plea is off the table. In the state of Arizona, convictions are severe, so I am very afraid that once the plea is off the table, I won't get another plea, and if I do, it will be much more.
    Still, I feel it's unfair to force me to go into court and accept a plea, when my attorney hasn't had enough time to study my case, and work with me.
    What rights do I have? Are there steps I'm missing?
    Thank you in advance for any help you can offer.

  2. #2
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    If your attorney believes that he has not had enough time to prepare for trial, your attorney can file a motion and see if the court will grant an adjournment. Your attorney would have to believe that an adjournment is necessary, and convince the court of its necessity.

  3. #3
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    Thank you Mr. Knowitall,
    The prosecutor can still take that plea away though, can't they? I think that's my biggest fear. While I believe that this plea agreement is too much, it is far better than what may happen in trial.
    It is a tough call, because the judge and prosecutor are both so aggravated that this case has gone on too long. The prosecutor made a point to state that I have had 4 attorneys, but I have also had three different prosecutors. I don't know why they have done that, but they have.
    I cannot help that the attorneys didn't work out. I did my best to work with each one. This one I have now, has given me more information on the case, and more input in 2 hour meetings, than the fired attorneys gave me in a years time.

  4. #4
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    Oct 2014
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    Yes, the prosecutor may pull the plea offer off the table at any time and is not obligated to offer a new one. Indeed, the prosecutor is never obligated to make a plea offer. Nothing stops you (through your attorney) from making an offer to the prosecutor later, but of course the prosecutor doesn’t have to accept that, either. There is simply no way to know if you can get a a similar deal later on if the prosecutor pulls it off the table now.

  5. #5
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    Jan 2006
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    part of what your current attorney is going to have to convince the prosecutor and court is that this is not simply a delaying tactic. Given the history I suspect it may be difficult.

    Your attorney can speak with the prosecutor about this issue though. He may be able to get the DA to agree to not pull the offer if you are allowed a continuance. That is one part of your attorney's job; to negotiate with whomever they need to on your behalf.

  6. #6
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    Mar 2015
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    Thank you Taxing Matters.
    I appreciate your response. This is what I feared. Is there ANYTHING a person can do, when the two previous attorneys failed badly, and the judge and the prosecutor are both very aggravated with this whole case, due to the fact that it's going on 2yrs now. It just seems that I am being punished by the judge & prosecutor, for what the attorneys did. It is the head prosecutor that is adamant about inprisonment, due to my past records. I have changed and have proof of the things I have done to be a good person, yet the prosecutor refuses to acknowledge character witness's, letters written in my behalf, and even documents from two local judges that have commended me for my progress.
    Is it far fetched to think that I can get a different judge and prosecutor? I think that the judge is a good judge, but he's fed up with the time span this case is taking. I just don't know what to do.
    I'd like my attorney to have more time, as he himself stated : "I'm just sorry I didn't get this case earlier, so I could have done more."
    One other question. The attorney I had to fire, and is suspended (for the 2nd time in less than a year) for 6months, and on probation for a year. All the $ I raised for my defense, was given to him. The az bar has requested I summarize the issues I had with him, as they stated he has a history of this. I am in process of doing this, however, at this point, I need to focus on tomorrows hearing.
    First question is, Would it be wrong of me to call the law firm this attorney works for, and speak with the owner of the firm to make him aware of this attorneys issues and request my funds paid to this attorney to be returned? Or do I have to go through the bar assoc. and then take this matter of funds up at a later time.
    The reason I ask is that I wondered if the firm was to refund my money, if I could give the funds to this attorney appointed as a public defender?

    My thoughts are that perhaps this would help my present attorney, as I'm sure the state probably doesn't pay him much to defend me.

  7. #7
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    a general rule:

    if you can afford to hire an attorney you are not qualified to receive the services of a public defender.

    Now in my area of my state, PD's are nothing more than private practice attorneys who have signed on to accept indigent defendants at an extremely low rate of pay BUT they can also take that same client as a private pay client. If you have something similar in your state, with the funds you could possibly hire this guy but if your PD's office is an actual government entity, tossing out that money will likely get his services terminated since you can afford your own attorney now.

    chances are, even if you do recover anything from the prior attorney, it isn't going to happen soon enough to be a concern with your current issue. I would be cautious with playing the money game at this point. It may really work against you.



    If your attorney actually believes the prior attorney's failures have prejudiced your case, he has a valid reason to seek a continuance. Now, if that continuance is denied, again, if he believes that lack of delay combined with the failure of the prior attorney's acts has caused you to lose the case, you may have a fair shot at an appeal. The state has to be careful they do not improperly rush a case to trial if there is a valid reason for a delay as it can violate the defendants rights to a fair trial.

    but also be aware:

    "I'm just sorry I didn't get this case earlier, so I could have done more."
    does not necessarily mean he believes the outcome would actually be any different than what it ends up being. That statement is so ambiguous there is no way one can really know what he means.

  8. #8
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    Mar 2015
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    Thank you jk,
    Yes, I understand that, and fear that is what the judge / prosecutor may think, re: "Given the history I suspect it may be difficult. " However, the judge knows that he appointed this attorney just a short while ago. (2 months)
    After the fired attorney, (the one I had for nearly a year, and he just kept asking for extensions) didn't show up for the pre trial, and was told by the judge to be in court later that day, and showed up disheveled, rambling, two different colored sox, and knew that the judge had told him 2 months ago, that no more extensions!, Well, this attorney went before the judge, and began telling the judge that I had not followed through with what I was to do, when in reality, HE had not followed through, and I had given him all that he asked of me. He was flat out lying to the judge! I was shocked, and twice I put my hand up and asked the judge if I could say something, but both times, the judge stated i needed to speak through my attorney.
    Then the attorney asked for an extension! Which the judge angrily told him NO, and that we were going to trial in less than 8 days!
    I left the courthouse that day, and wrote a letter to the judge. I told the judge that I have the information that I and the specialist provided to this attorney, two months ago, and it was the attorney that didn't present it to the court. I also included photos of this attorney and stated I have recordings showing that this attorney on our conference calls, (which the attorney was aware I was recording) proved that the attorney himself stated that he had done nothing in the past two months, because he was waiting for ME to do something! I also stated that this attorney was doing nothing but requesting extensions, and not advising me or giving me any input or returning messages, calls and emails to him. When I presented the letter to the judges assistant, she stated that the judge might not be able to read this.
    Well, I was called to be in court the next morning. I arrived, not knowing if I was in trouble for writing the judge or what. I had told the judge that the attorney flat out lied to him.
    Once arriving, the judge asked if I wanted to fire the attorney. I stated yes, and the attorney was on the phone intercom, and it was done. Once the judge hung up, he informed me that we ARE going to trial, and that I may end up defending myself! I didn't know what to do, but then the judge DID appoint an attorney.
    My point is, that attorney, for whatever reason, was obviously just asking for extensions, and I don't know why. He stated to me that he was interviewing this person and contacting that one. I trusted that he was. I fear he did NONE of that. but, the new attorney, he is trying to help, he just needs time to do so.
    I would think it would be obvious that the new attorney isn't just trying to waste time. He has been very good with me, and I learned so much more from him, like facts, in just two one hour meetings, than I did all year from the fired attorney. It just seems wrong of the prosecutor and judge to take it out on me, because these attorneys are allowed to be practicing law!
    It is going to be hard, as there's so much to address, but I have recordings that prove the fired attorney failed me badly. and I will follow up with the board, as it is attorneys like this, that give lawyers a bad name.

    - - - Updated - - -

    Quote Quoting jk
    View Post
    a general rule:
    If your attorney actually believes the prior attorney's failures have prejudiced your case, he has a valid reason to seek a continuance. Now, if that continuance is denied, again, if he believes that lack of delay combined with the failure of the prior attorney's acts has caused you to lose the case, you may have a fair shot at an appeal. The state has to be careful they do not improperly rush a case to trial if there is a valid reason for a delay as it can violate the defendants rights to a fair trial.

    but also be aware:

    does not necessarily mean he believes the outcome would actually be any different than what it ends up being. That statement is so ambiguous there is no way one can really know what he means.
    This is exactly what I was wondering, because I had read something online somewhere, and wasn't sure if it was right. So now I must talk to my attorney, and see how he feels about this.
    Thank you so very much for your input. It helps so much to educate oneself. You have helped greatly.

    - - - Updated - - -

    oops, I guess I didn't do that "quote" option right. Sorry,
    But this was directed to you jk, Thank you for your input.

    - - - Updated - - -

    I have a question about character witness letters. Recently I had a friend that was involved in a criminal case involving drug use. Family & friends wrote character witness letters about the kind of person he was. This was his first offense. The family went to court, and the judge released this young man. Everyone was quite shocked.
    The reason I ask this is because I have totally changed my way of life in the past year, even two different judges from criminal courts where I had tickets, helped me re-instate my Drivers License and lifted the registration hold on my vehicle. The prosecutor that I worked with in this case, congratulated me and told me he was proud of me. The judge in the case also told me he was proud of me in court. My family and friends have written character witness letters stating how much I've changed, and rehabilitated myself, and life is better than it ever has. However, I have this case hanging over me, and one attorney told me to get letters from those close to me that have seen the change.
    Now that I have a new attorney, these letters have not gone to the prosecutor yet, we all are begging the prosecutor for mercy in this case, and to give me a chance to show them I am rehabilitated, in hopes that I won't be taken away from my wife and child.
    Do letters as such help? Will the prosecutor and judge read them?
    I hope it's ok to post this in the same thread.
    My attorney wasn't able to get these letters to the prosecutors office on time before Easter weekend, would it be ok for me to email them to the prosecutor? I am kind of wondering if they should be seen by the judge too.

  9. #9
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    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    Given the huge number of defendants who see the light after they are caught and prosecuted, you can expect any grand claims of self-reinvention to be taken with a very large grain of salt.

  10. #10
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    Mar 2015
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    22

    Default Re: Asking for Continuance in Court Due to a Change of Attorney on My Criminal Case

    Thank you Mr. Knowitall.
    I kind of figured that. I do, however, have proof of the court hearings and the prosecutor in the two cases I mentioned, gave me copies of proof and told me to show these to the judge. I just never know if they should go to the judge or the prosecutor. I also have letters from the rehab center that I entered on my own behalf, and have been clean going on 2yrs.
    Again, thank you for your answers. I was told about this forum recently, and am so very thankful for all the educated replies.

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