If I have an attorney can I still file my own motions and can he withdraw? - Criminal Law Questions and Answers- LawQA.com

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If I have an attorney can I still file my own motions and can he withdraw?

Michael Breczinski
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You can file your own motions when he withdraws. That is if the judge lets you represent yourself.

Answer Applies to: Michigan
Replied: 1/9/2013

Edward  D. Dowling IV Attorney at Law
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I would need further information to answer better. Generally either you have an attorney and the attorney represents you or you represent yourself. An attorney can apply to the court to withdraw from the case. You can also discharge your attorney if you want to represent yourself. There may be circumstances in which you can have an attorney ( to advise you etc ) and still be able to make motions yourself but it is up to the court in a specific case.

Answer Applies to: New York
Replied: 1/8/2013

Answer By Seth L. Reszko

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If you have an attorney, the Court is probably not going to accept your motion. The attorney can file a motion to withdraw but if it is a criminal case, the Judge might be reluctant to allow you to represent yourself.

Answer Applies to: Nevada
Replied: 1/8/2013

Law Office of Brendan M. Kelly
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Yes, but it is best to have an attorney review the matter to avoid any real problems. Give us a call for a free consultation to help you answer any additional question.

Answer Applies to: Nebraska
Replied: 1/8/2013


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You cannot he should file. If he won't fire him unless you don't have a valid legal basis for your motions. An attorney cannot file pleadings with the court if they have no valid legal basis.

Answer Applies to: Michigan
Replied: 1/8/2013

Germaine & Blaszka, P.A.
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If you want to file your own motions, you should request that your attorney withdraw from the case. In NH, the court will generally not accept your motions if you have an attorney. If you wish to represent yourself, you can do that.

Answer Applies to: New Hampshire
Replied: 1/8/2013

Lawrence Lewis
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While you have an attorney, you cannot file your own motions. If your attorney withdraws (which is allowed), you can then file your own motions. Representing yourself is problematic.

Answer Applies to: Georgia
Replied: 1/8/2013


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Yes, but doing so requires the permission of the court.

Answer Applies to: Maryland
Replied: 1/8/2013

Answer By Robert J. Shane
Shane Law Office
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It's not advisable to represent yourself in a criminal case. You should fire your lawyer and retain a new attorney who will fight for you.

Answer Applies to: Minnesota
Replied: 1/7/2013

Answer By James Smith
Law Office of James E. Smith
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You have to get permission from the Court to file your own motions.

Answer Applies to: Nevada
Replied: 1/7/2013

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