A judge dismisses charges after they have been filed, and the judge does so for many of the reasons listed above. Charges, however, that are dropped are typically dropped by a prosecutor who may do so for some of the reasons above or for other reasons, like victims who will not cooperate.
The revocation becomes effective only after you notify all third parties who have been using the power of attorney. Important: You can revoke verbally, but professionals strongly suggest creating a written revocation document. Written documentation proves your intentions and protects your interests going forward.
You can't fire your attorney. You can only ask the judge to discharge the public defender. So, it depends on whether or not the judge would be willing to continue your case, or not. If the judge does not want to continue your case, he/she can refuse your request to discharge the public defender and hire a private one.
An attorney may withdraw from representing a party only upon written motion for good cause shown.
If you do decide to fire your lawyer, you should do so in writing. Your letter should set forth and document any conduct or reasons supporting your decision. It should also give instruction as to where he or she needs to send your file.
The rule requires that a motion to withdraw be filed and served on the client and other parties of record. The court's approval will not be granted until client and counsel for other parties consent in writing or 14 days pass after service of the motion.
Always terminate the relationship in writing. Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. Be sure to send the letter by “certified mail with return receipt requested” so there's proof your lawyer received the letter.
Mandatory Withdrawal A lawyer ordinarily must decline employment if the employment will cause the lawyer to engage in conduct that the lawyer knows is illegal or that violates the Texas Disciplinary Rules of Professional Conduct.
Firing your lawyer during a trial is a significant decision with potential consequences that can impact the course of your case. If you decide to terminate your attorney, it is essential to communicate openly about your concerns, ensuring that you have valid reasons for the decision.
Can I Revoke a Power of Attorney? Revoke a Power of Attorney at any time for any reason by providing written notice. Deliver a copy of the revocation form to relevant third parties, such as banks or financial institutions, involved in business with you or your Agent.