October 7, 2025
Can I Fire My Public Defender and Hire My Own Lawyer in Michigan?
Having a lawyer you trust to guide you through the legal system can make a big difference in your case. Plenty of people wonder if they’re allowed to hire a private criminal defense attorney instead of their assigned public defender. The answer is usually yes—but there are still some procedural hurdles to jump through.
Why Would You Switch Attorneys?
Every criminal defendant has a right to legal counsel under the U.S. Constitution—even if they’re not a U.S. citizen. If you can’t afford an attorney, a public defender will be appointed to handle your case. Public defenders are often very skilled attorneys with competitive qualifications, but they are also incredibly busy. Public defenders don’t have the same kind of time to devote to your case that a private attorney can, because they’re not in control of how many cases they’re appointed to and who they represent.
A private attorney can limit their caseload so they can devote enough time to each client. They may also have better resources to investigate your case and work with other professionals to develop the best defense possible.
How To Ask the Court To Remove Your Public Defender
If you want to replace your public defender with a private lawyer, there are a few things you need to do. Whether the court grants your request generally depends on timing and a few technical factors.
First, you need to notify the court. Public defenders are assigned by the court, so they can’t simply step away from your case without the judge’s permission. Generally, the process involves:
- Informing the court that you want to hire a private attorney
- Having your new attorney file their appearance with the court
- Asking the judge to allow your public defender to withdraw
Judges usually grant this request if you’ve already secured a private lawyer and the new lawyer is prepared to move forward quickly. However, if changing lawyers would delay the trial or disrupt the court calendar, the judge could deny your request.
When Might a Judge Deny Your Request?
Court calendars are busy. They often handle hundreds of cases per day, depending on the specific location and courtroom. Therefore, they want your case to move forward without unnecessary delays. If you ask to change lawyers too close to trial or after major work has been done, the judge might not allow it. You have a right to the counsel of your choice, but that right isn’t absolute. Judges weigh factors like:
- How close you are to trial
- Whether the change would require postponing hearings or trial
- How long you waited to make your request
- Whether the new lawyer can be ready without delaying the case
The sooner you ask to make the switch, the more likely it is that the court will allow it.
Paying for a Private Lawyer
Hiring your own lawyer means you pay the entire cost for your defense. Public defenders are provided at no cost if you meet the financial qualifications—but if you decide to hire private counsel, the court won’t pay for any part of that lawyer’s fees.
Before you ask the court to remove your public defender, make sure you’ve confirmed that you can afford your new lawyer. If you run out of funds and your private lawyer withdraws, the court may appoint a new public defender. That will further slow your case and could create a negative impression with the court. Always make sure you understand the full range of costs and have a reliable funding source before you ask to make a switch.
Talk With Stacer, PLC About Your Private Defense Options
If you want to replace your public defender with a private lawyer, you have the right to do so—but you need to follow the court’s process and work fast to avoid delays. Stacer, PLC represents people throughout Michigan who are facing criminal charges, including those who are navigating complex immigration concerns. Contact Stacer, PLC to talk about your case and your options for hiring private counsel.