What is a defendant's right to retain counsel of his own?

California, United States of America


The following excerpt is from People v. Ryan, D054601 (Cal. App. 5/27/2009), D054601. (Cal. App. 2009):

Due process of law includes the right to appear and defend with retained counsel of one's own choice (People v. Byoune (1966) 65 Cal.2d 345, 346) and a defendant is entitled to a reasonable continuance to enjoy that right (People v. Courts (1985) 37 Cal.3d 784, 789-791 (Courts)). Although a defendant has a constitutional right to retain an attorney of his choice, the right is not absolute and must be carefully balanced with "other values of substantial importance," such as the speedy determination of criminal charges. (People v. Crovedi (1966) 65 Cal.2d 199, 206-207.) In this regard, the right to counsel of one's choice may be forced to yield "when it will result in significant prejudice to the defendant himself or in a disruption of the orderly processes of justice unreasonable under the circumstances of the particular case." (Id. at p. 208.)

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