Do I Have the Right to My Own Lawyer?
The Sixth Amendment to the United States Constitution provides: “In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.”
Article I, section 15, of the California Constitution also mandates the right to counsel, stating: “The defendant in a criminal cause has the right . . . to have the assistance of counsel for the defendant’s defense.”
Both the United States Supreme Court and the California Supreme Court have held that the constitutional right to counsel includes the right of a criminal defendant who can afford to retain counsel to select a lawyer of his own choosing. (U.S. v. Gonzalez-Lopez (2006) 548 U.S. 140, 144; People v. Courts (1985) 37 Cal.3d 784, 789.)
Underlying the right to select one’s own counsel is the premise that chosen representation is the preferred representation. Defendant’s confidence in his lawyer is vital to his defense. His right to decide for himself who best can conduct the case must be respected wherever feasible. (Courts at p. 789.) Guaranteeing a defendant’s right to counsel of choice is consistent with the state’s duty to refrain from unreasonable interference with the individual’s desire to defend himself in whatever manner he deems best, using every legitimate resource at his command. (Ibid.)
It seems pretty simple, really. Both the United States and California Supreme Courts have told the trial and superior courts that they MUST allow a defendant to hire his own lawyer and have representation at all times. Of course, case law provides for a free lawyer if you cannot afford your own. Case law also allows you to represent yourself. You may think that just going into court on your own will make things easier and run more smoothly. Disagree strenuously there, bud. This page will rarely if ever recommend you giving up a Constitutional right for the ease or convenience of the Government. If you have the opportunity to assert your rights under our Federal and State Constitution, you ought to do so. The Supreme Courts have told you that your own chosen representation is the preferred representation. It makes sense to believe them.