Yes, you should be able to continue the trial date in your Minnnesota criminal case when you fire your existing attorney and retain new counsel. The new lawyer will need extra time to review the evidence in the case, conduct a thorough investigation, and prepare for trial. The best practice would be for the new lawyer to file a Certificate of Representation with the court administrator and serve a copy of the Certificate on the prosecutor. This document notifies the court and prosecutor that a new criminal defense lawyer has been retained to defend the case.The new lawyer should then contact the prosecutor by phone and request permission to continue the trial date. If the prosecutor has no objection to the continuance of the trial date, the new lawyer will contact a clerk in criminal assignments and make arrangements to reschedule the trial date. If the prosecutor should object to the defense request for a continuance, the criminal defense attorney will file a formal motion with the court along with an attached affidavit from the defense lawyer detailing the reasons in support of the continuance. Most judges will grant the defense motion to continue the trial date based on the fact that a new lawyer has been substituted to represent the defendant and needs more time to prepare the case for trial.
If you, or someone you know, plans to fire their existing lawyer and retain new counsel, they will need to find an experienced Minnesota criminal trial lawyer. Attorney Robert J. Shane has 28 years of criminal defense experience. Call now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.