Discharge of Defense Counsel During Trial is a process by which a criminal defendant can choose to replace his or her original attorney during the trial proceedings. This can happen for a variety of reasons, such as a conflict of interest, a disagreement between the attorney and the client, or a claim of ineffective assistance of counsel. In some cases, the defendant may need to make a motion to the court for a discharge of defense counsel. There are two types of Discharge of Defense Counsel During Trial: voluntary and involuntary. A voluntary discharge is when both the defendant and defense counsel agree that the attorney should be removed from the case. An involuntary discharge is when the defendant requests to replace their defense attorney and the court grants the motion.
Discharge of Defense Counsel During Trial
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In its present form, Rule 4-263 limits the State's discovery obligations to eleven categories of information. Rule 4-263(d). Unlike in civil cases, however, "no rule provides generally for the discovery of all relevant information and documents in the State's possession or control in criminal cases." Id.
When a peace officer takes a person into custody as a material witness without an order of court for attachment, the person shall be taken promptly before a judicial officer in the county in which the action is pending or where the witness is taken into custody.
If the court finds that there is no meritorious reason for the defendant's appearance without counsel, the court may determine that the defendant has waived counsel by failing or refusing to obtain counsel and may proceed with the hearing or trial.
Rule 4-241 - Bill of Particulars in the Circuit Court (a) Demand. Within 15 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213(c), the defendant may file a demand in circuit court for a bill of particulars.
Rule 4-214 - Defense Counsel (a) Appearance. Counsel retained or appointed to represent a defendant shall enter an appearance within five days after accepting employment, after appointment, or after the filing of the charging document in court, whichever occurs later.
Rule 4-271 require criminal cases to be brought to trial within 180 days of the earlier of the entry of appearance of counsel or the first appearance of the defendant before the Circuit Court. The purpose of the rule is to avoid delays in scheduling cases and to eliminate unjustifiable postponements.
Upon a demand by the defendant for jury trial that deprives the District Court of jurisdiction pursuant to law, the clerk may serve a circuit court summons on the defendant requiring an appearance in the circuit court at a specified date and time.
Rule 4-252 states that a motion to suppress an unlawful search, seizure, interception of wire or oral communication, or pretrial identification must be raised within 30 days after the earlier of the appearance of counsel, or the first appearance of the defendant.