Can You Change Criminal Defense Lawyers in the Middle of an Arizona Criminal Case?
You hired a criminal defense lawyer. Your case is moving through court. Maybe you already have a plea offer. Maybe your next hearing is only a few weeks—or even a few days—away.
But something isn't sitting right.
Perhaps you don't understand the strategy. Maybe you have questions about the evidence that haven't been answered. You may feel like important issues haven't been investigated, or you may be approaching a plea or trial without feeling confident that you understand your options.
Now you're wondering: Is it too late to change criminal defense lawyers?
Not necessarily.
People facing criminal charges in Arizona sometimes change attorneys after their cases have already begun. But changing lawyers in the middle of a criminal case is an important decision, particularly when court dates, plea deadlines, motions, or trial dates are approaching.
Before you decide, it helps to understand what changing attorneys may involve, what happens to your pending case, and what questions you should ask a prospective new lawyer.
Can I Change Criminal Defense Attorneys in Arizona?
If you hired a private criminal defense attorney, you generally are not required to remain with that attorney for the entire case simply because that attorney initially represented you.
A defendant's relationship with their attorney matters. Criminal cases can involve extraordinarily important decisions: whether to accept or reject a plea offer, whether to testify, whether to file particular motions, whether to proceed to trial, and how to investigate and challenge the government's evidence.
That doesn't mean a court proceeding can simply stop whenever someone decides to hire another lawyer. Depending on where the case stands, substitution or withdrawal of counsel may require compliance with court procedures, and the court may have to decide whether an existing hearing or trial date should change.
The situation is also different for someone represented by a court-appointed attorney. A defendant generally cannot simply select a different appointed lawyer in the same way a person can choose to retain different private counsel.
If you are considering changing attorneys, one of the first questions for the prospective new attorney should therefore be: What would actually happen procedurally if you took over my case?
Why Would Someone Change Criminal Defense Lawyers?
There are many reasons someone might consider changing lawyers, and dissatisfaction doesn't necessarily mean the original lawyer has done anything wrong.
Sometimes the relationship simply isn't working.
Common concerns may include:
difficulty communicating with the attorney;
not understanding the defense strategy;
unanswered questions about important evidence;
uncertainty about whether police reports, body-camera footage, laboratory evidence, or other discovery has been thoroughly reviewed;
disagreement over whether to accept a plea offer;
concerns about preparation for an upcoming hearing or trial;
a breakdown in trust; or
wanting another attorney's perspective before making an important decision.
At the same time, hearing something you don't like from your lawyer isn't necessarily a reason to change attorneys.
A criminal defense attorney's job isn't to tell a client what the client wants to hear. Sometimes good representation means explaining weaknesses in a case, discussing uncomfortable risks, or recommending a resolution the client initially hoped to avoid.
The more useful question may be: Do I understand why my attorney is recommending this strategy, and do I have confidence in the analysis behind it?
If the answer is no, getting a second opinion may help.
What Happens When a New Criminal Defense Lawyer Takes Over a Case?
Changing attorneys isn't as simple as handing the new lawyer a court date and showing up at the next hearing.
Before giving meaningful advice, new counsel needs to understand what has already happened.
Depending on the case, that can require obtaining the prior attorney's file, reviewing the court record, examining disclosure from the prosecution, reviewing police reports and video evidence, identifying pending deadlines, understanding prior plea negotiations, researching legal issues, and discussing the history of the case with the client.
In a DUI case, for example, counsel may need to review body-camera footage, chemical testing records, administrative driver's-license issues, field sobriety testing, search-and-seizure issues, and prior negotiations.
In a felony case, the discovery may be considerably more extensive.
The attorney also needs to know what hasn't been done.
Were witnesses interviewed? Was potentially helpful evidence preserved? Are there outstanding discovery requests? Were motions filed? Are there legal issues that haven't yet been litigated? Is there evidence that hasn't been obtained?
A lawyer taking over a pending criminal case should not simply assume that everything necessary has already occurred.
What If I Already Have a Court Date?
Hiring a new attorney doesn't automatically erase the existing court calendar.
If an important hearing is approaching, new counsel may need to determine whether it is possible to prepare adequately before that date or whether additional time should be requested.
Arizona law recognizes that continuances in criminal cases should not be granted casually. Courts have an interest in resolving cases efficiently, and victims also have statutory rights concerning delays in criminal proceedings.
But efficiency isn't the only consideration.
There may be circumstances in which additional time is necessary to allow newly retained counsel to obtain the file, review disclosure, investigate the case, advise the client, and prepare appropriately.
Ultimately, whether a particular proceeding will be continued depends on the circumstances and the court.
That is one reason waiting until the last possible moment to speak with another attorney can create complications. If you're seriously questioning your representation, it may be better to explore your options sooner rather than waiting until the eve of trial or another major hearing.
What If I Already Have a Plea Offer?
This is particularly important.
If you have a plea offer pending, changing attorneys does not mean the offer should be ignored while the new lawyer starts the case from scratch.
Plea decisions can have enormous consequences.
Before recommending that a client accept or reject an offer, a defense attorney should understand both the proposed resolution and the evidence against the client.
That may include considering questions such as:
What does the prosecution have to prove?
What evidence supports those allegations?
What evidence helps the defense?
Are there viable motions?
What would the client's potential exposure be if convicted after trial?
What exactly does the plea require?
What consequences could follow from the conviction?
Those consequences may extend beyond jail or probation. Depending on the charge and the individual, a conviction can potentially affect employment, professional licensing, immigration status, firearm rights, driving privileges, housing, or other aspects of a person's life.
A plea is also a waiver of significant constitutional rights.
That is why a defendant should understand the decision rather than simply being told, "This is a good deal."
What Is a Donald Hearing in an Arizona Criminal Case?
If you're facing criminal charges in Arizona, you may hear your attorney or the court refer to a Donald advisement or Donald hearing.
The terminology comes from an Arizona appellate case addressing a defendant's right to competent advice regarding plea negotiations.
In practical terms, the court may create a record concerning the plea offer, the potential consequences of rejecting it, and the defendant's decision.
This can be an extremely important stage of a criminal case.
A defendant should not assume that a Donald proceeding means the judge believes the person should accept the plea. Nor does it mean that rejecting an offer is necessarily a mistake.
The purpose is to make sure the decision is informed.
And that highlights one of the potential problems when new counsel enters a case shortly before a plea-related hearing: the new attorney needs enough information to provide meaningful advice.
Will Changing Lawyers Delay My Criminal Case?
It might.
But delay isn't automatically good or bad.
Some defendants understandably want their cases resolved as quickly as possible. Criminal charges can affect employment, relationships, finances, and mental well-being. Living with an unresolved criminal case is stressful.
At the same time, speed should not become the only objective.
There is a significant difference between unnecessary delay and taking the time reasonably necessary to make an informed decision or prepare a defense.
If your lawyer needs additional time to review hours of body-camera footage, investigate evidence, research an important legal issue, or prepare a motion, rushing simply to maintain the existing calendar may not serve your interests.
Conversely, repeatedly delaying a case without a strategic reason may not serve your interests either.
Good criminal defense strategy requires understanding why additional time is—or isn't—valuable.
Can I Get a Second Opinion Without Firing My Current Attorney?
Yes.
Talking to another criminal defense lawyer does not necessarily mean you have already decided to change attorneys.
Sometimes a second opinion confirms that your existing attorney's recommendation is reasonable.
Other times, another attorney may identify questions you want to discuss with current counsel.
And sometimes the consultation confirms that the attorney-client relationship has deteriorated enough that changing representation makes sense.
A second opinion can be particularly valuable before a major decision, such as accepting a felony plea agreement or proceeding to trial.
The important thing is to provide the consulting attorney with enough accurate information to meaningfully evaluate the situation.
Questions to Ask Before Changing Criminal Defense Lawyers
If you're considering hiring a different Tucson criminal defense attorney, don't focus only on whether the new lawyer promises a better outcome.
No ethical attorney can guarantee what will happen in a criminal case.
Instead, ask questions that help you evaluate how the attorney thinks.
Consider asking:
What would you want to review before deciding whether you agree with my current attorney's recommendation?
What evidence do you consider most important in my case?
Are there additional investigative steps you would consider?
Do you see potential legal issues that I should discuss with my current lawyer?
What happens to my upcoming court dates if I hire you?
How would you evaluate my existing plea offer?
What information would you need from my current attorney?
If your recommendation differs from my current attorney's recommendation, why?
Pay attention to whether the attorney explains the reasoning.
Criminal defense isn't simply about reaching a conclusion. It is about understanding the evidence, identifying the available options, evaluating risk, and helping the client make informed decisions.
Don't Wait Until the Last Minute to Ask Questions About Your Representation
If you are losing confidence in your criminal defense representation, ignoring the problem generally doesn't make the concern disappear.
You also don't necessarily need to fire your attorney immediately.
Start by asking questions.
Ask your current attorney to explain the strategy. Ask what evidence has been reviewed. Ask why a particular plea is being recommended. Ask what happens if you reject it. Ask what issues the attorney believes are strongest and weakest.
If you still aren't comfortable, consider getting another perspective.
The closer you get to a trial, plea deadline, sentencing, or other significant proceeding, the more complicated changing attorneys may become. Exploring your options earlier gives a prospective attorney more opportunity to determine what taking over the case would actually require.
Considering Changing Criminal Defense Attorneys in Tucson or Pima County?
If you already have a criminal defense attorney but are questioning the direction of your case, you don't have to make an immediate decision about changing lawyers.
Sometimes the first step is simply getting another perspective.
Attorney Amanda Bynum of AJB Law Firm, LLC represents individuals facing criminal charges in Tucson and throughout Pima County, Arizona. Her background includes private criminal defense practice, service as a public defender, training other criminal defense attorneys, and teaching law students.
At AJB Law Firm, the goal isn't simply to tell clients what to do. It is to review the evidence, identify the legal and factual issues, explain the available options, and help clients understand the reasoning behind important strategic decisions.
If you are considering changing criminal defense attorneys—or want a second opinion before making an important decision about a pending Arizona criminal case—contact AJB Law Firm, LLC to schedule a consultation.
This article provides general information about Arizona criminal cases and is not legal advice. Reading this article does not create an attorney-client relationship. Every criminal case is different, and the options available depend on the specific facts and procedural posture of the case.
