The United States Supreme Court made clear, in the case of Powell v. Alabama (1932), that “a defendant should be afforded a fair opportunity to secure counsel of his own choice."  The California Supreme Court has consistently affirmed this right, referencing Article 1 §13 of the California constitution.  Penal Code §858 also guarantees a defendant the right to a “reasonable time” to obtain counsel. 

Although this does not mean that a defendant can create a delay and wait until the eve of trial to select counsel of choice, courts are typically reluctant to deny this right.  As recently as 2006, the United States Supreme Court in United States v. Gonzalez-Lopez affirmed that the right to counsel of choice is the fundamental "root meaning" of the Sixth Amendment's guarantee of the right to counsel.  The Court stated: “Different attorneys will pursue different strategies… and the choice of attorney will affect whether and on what terms the defendant cooperates with the prosecution, plea bargains, or decides instead to go to trial."  Indeed, choice of counsel will affect the ultimate outcome of your case. 

Who you chose to represent you on your criminal case could be the most important decision you make in your life.  If you are confident and comfortable with your attorney, your likelihood of success improves dramatically.  And the ability to accept an unfavorable result is enhanced when you feel satisfied with the quality of the legal representation that you receive. 

If your case is still pending and you have not obtained the result that you desire, it is not too late to endeavor to change counsel.  If your case is currently set for trial and you lack confidence in your attorney, we can appear in court and request to continue your trial so that we may come on board and obtain a satisfactory resolution. 

It is far better to find the attorney that you want prior to obtaining an unsatisfactory result, and it is far more difficult to overturn a bad result than to try and prevent it. 

If your case is still pending and you are uncomfortable with the quality of your representation or you are not represented by counsel, call the Law Offices of Miller & Becker today to set up your free consultation.