Is a defendant entitled to a continuance to retain counsel of his own choosing?

California, United States of America


The following excerpt is from People v. Johnson, D073254 (Cal. App. 2018):

"The [constitutional] right to the effective assistance of counsel 'encompasses the right to retain counsel of one's own choosing.' " (People v. Courts (1985) 37 Cal.3d 784, 789 (Courts).) Trial courts must " 'make all reasonable efforts to ensure that a defendant financially able to retain an attorney of his own choosing can be represented by that attorney.' " (Id. at p. 790.) However, a criminal defendant's right to retain counsel " 'must be carefully weighed against other values of substantial importance, such as that seeking to ensure orderly and expeditious judicial administration, with a view toward an accommodation reasonable under the facts of the particular case.' " (Ibid.) The court may thus deny a continuance where the defendant "is 'unjustifiably dilatory' in obtaining

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