What is a defendant's due process right to retain counsel of his or her choice?
California, United States of America
The following excerpt is from People v. Harrington, B255185 (Cal. App. 2016):
A criminal defendant "has the due process right to appear and defend with retained counsel of his or her choice. [Citations.]" (People v. Lara (2001) 86 Cal.App.4th 139, 152 (Lara).) This "right to counsel of choice reflects not only a defendant's choice of a particular attorney, but also his decision to discharge an attorney whom he hired but no longer wishes to retain." (People v. Ortiz (1990) 51 Cal.3d 975, 983 (Ortiz).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's right to retain his own counsel an absolute right? (California, United States of America)
Is a defendant's interest in discharging a retained attorney included in the right to counsel of his choice? (California, United States of America)
What are defendant's rights regarding counsel, counsel and Boykin/Tahl rights? (California, United States of America)
Is denial of a defendant's right to a retained counsel of his or her choice a structural error requiring reversal? (California, United States of America)
What is the difference between a defendant's absolute right to counsel and his unqualified constitutional right to discharge counsel if he pleases and represents himself? (California, United States of America)
Does a process server deprive a named defendant of his constitutional due process rights by failing to serve properly, then signing a false affidavit? (California, United States of America)
Does substitute counsel violate a defendant's right to effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)
