Is It Too Late to Change Attorneys Right Before Trial in Florida?

Why Switching Lawyers—Even on the Eve of Trial—Could Make or Break Your Defense

I've had many people walk into my office days before trial, panicked and frustrated with the way their case is being handled. Sometimes, they're represented by a public defender who's overwhelmed or unavailable. Other times, it's a private attorney who hasn't returned calls or hasn't developed a defense strategy. They all ask the same thing: "Is it too late to get a new attorney?"

Let me tell you—while the clock might be ticking, Florida law gives you the right to competent representation. That right doesn't stop simply because the trial is near.

You Have a Right to Counsel—But Not to Unlimited Changes

Under Florida Rule of Criminal Procedure 3.111, every person charged with a crime has the right to legal counsel. That includes the right to hire the attorney of their choice. However, courts also have the obligation to keep trials moving forward and to prevent unnecessary delays.

Here's what the Florida courts look at when deciding whether to allow a change in attorneys just before trial:

• Whether the request is made in good faith and not for delay
• Whether a substitution will affect the trial date
• Whether the defendant had prior opportunities to seek new counsel
• Whether the new attorney is prepared or needs time to catch up
• Whether changing counsel would disrupt the administration of justice

If you're being rushed into trial without proper preparation, the court might approve a change—even at the last minute—if your new lawyer can show it's in the interest of justice.

Florida Case Law Supports Late Attorney Changes

The Florida Supreme Court has been clear on this issue. In Smith v. State, 407 So. 2d 894 (Fla. 1981), the court stated that denial of a request for a continuance to change counsel may violate a defendant's Sixth Amendment rights if it results in inadequate representation. Courts walk a tightrope between protecting your rights and avoiding delay, but your right to a fair trial always matters.

In another case, Foster v. State, 778 So. 2d 906 (Fla. 2000), the Florida Supreme Court reversed a conviction where the trial court had denied a request for a short continuance to allow a private attorney to take over. The court found that the denial compromised the defendant's constitutional rights.

Don't Wait Until You're in the Courtroom to Make the Change

If you're even thinking about changing attorneys, the time to act is now, not the day of trial. I've had clients come to me 48 hours before a scheduled jury trial. In one case, a client facing felony drug charges was frustrated by a lack of communication from his previous lawyer. The court was hesitant, but I presented a detailed motion with a timeline showing why the change was necessary, how I was prepared to move forward, and why denying the request would compromise the fairness of the trial.

We were granted the substitution, and we later won a dismissal after filing a motion to suppress that his prior attorney never even considered.

What Happens When You Change Attorneys Right Before Trial?

Let's walk through what happens when you want to make a switch that's close to trial. Your new attorney must:

• File a Notice of Appearance with the court
• Request to substitute in as counsel of record
• Possibly file a Motion for Continuance, explaining the need for additional time
• Immediately review discovery and case notes
• Assess whether prior representation caused any prejudice or waived any rights

Here's the key: if your prior attorney didn't prepare your defense, a last-minute change may be your only hope. But the court must believe the new attorney is capable of stepping in without derailing the process entirely.

This is why hiring a private criminal defense attorney with deep experience in Florida trial courts is so important. We know the system. We understand how to make compelling arguments that protect your rights without appearing to stall the court.

Don't Let Inadequate Counsel Be the Reason You Get Convicted

Under the Sixth Amendment of the U.S. Constitution and Article I, Section 16 of the Florida Constitution, you are entitled to the effective assistance of counsel. If your current attorney isn't preparing your case, hasn't interviewed witnesses, or doesn't return your calls, you may already be at a disadvantage.

Florida courts have found that ineffective assistance of counsel can be grounds for appeal or postconviction relief—but only if you can prove prejudice. Wouldn't you rather have a qualified, aggressive lawyer defend you the right way before a guilty verdict?

Real Case Example: A Last-Minute Defense That Changed the Outcome

One of my clients was charged with aggravated battery with a deadly weapon. His original attorney didn't interview the alleged victim or review security footage that would have helped his case. The trial was two weeks away when the client came to me in tears.

We immediately filed a motion to substitute in, explaining the failings of the previous counsel. I also asked for a short continuance so I could investigate properly. The court was hesitant, but granted it. I obtained the surveillance video, interviewed two key witnesses, and filed a motion to exclude a prejudicial statement made by the arresting officer.

At trial, the jury deliberated for less than two hours before returning a not guilty verdict.

Would that client have been convicted if he hadn't changed lawyers? I believe so.

What Statutes Should You Know?

Here are the key Florida rules and statutes that come into play:

Florida Rule of Criminal Procedure 3.111 – Providing Counsel to Indigents

This rule gives every person charged with a felony or misdemeanor the right to counsel and governs appointment or change of legal representation. It states:

"Counsel shall be provided to indigent persons when authorized by law and in accordance with the criteria set forth in s. 27.52, Florida Statutes."

Florida Statute § 27.52 – Determination of Indigency

If you're trying to switch from a public defender to private counsel, you can do that at any time, and this statute sets out how indigency is evaluated. If you can afford private counsel, the court can release the public defender upon substitution.

Florida Rule of Criminal Procedure 3.190 – Pretrial Motions

This rule allows motions like continuances or motions to suppress to be filed before trial begins. A new attorney may use this to challenge evidence or delay proceedings long enough to prepare properly.

Defenses That May Be Missed Without a Proper Attorney

If your lawyer hasn't done the necessary work, you could miss out on defenses such as:

• Motion to Suppress Evidence under the Fourth Amendment if the police conducted an illegal search
• Stand Your Ground under Florida Statute § 776.032, if you used force in self-defense
• Alibi defense, if properly documented and supported by witnesses
• Entrapment, especially in drug cases or sting operations

All of these defenses require investigation, documentation, and argument—none of which can happen without an attorney who is committed to your case and has enough time to prepare.

Why Hiring a Private Attorney Makes the Difference

Public defenders in Florida are often talented and hardworking, but they're overwhelmed. According to a 2023 report from the Florida Public Defender Association, most public defenders are handling more than double the number of cases recommended by the American Bar Association.

That means less time on your case. Less communication. Fewer motions filed. And in some cases, it means walking into a trial underprepared.

A private attorney has the time, focus, and resources to dig into your case, track down witnesses, file the right motions, and represent you the way the Constitution intended.

You're Not Just Another Case File to Us

I don't take on more cases than I can handle. When someone hires me just before trial, I clear time to make sure their case gets immediate attention. My team knows how to work fast. We know the prosecutors. We know the judges. And we know what it takes to stop a conviction from ruining your life.

If you're unhappy with your current representation or unsure if your attorney is ready for trial, it's not too late to make a change. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Criminal Defense Attorney Frequently Asked Questions

Can I really switch lawyers just before trial starts?

Yes, you can request a change, but the judge will evaluate whether the change will disrupt the trial. If you're hiring a private attorney who is ready to take over quickly, the court is more likely to approve the switch. The key is showing that you're not doing this just to delay things.

Will changing lawyers make me look bad to the judge?

Not necessarily. Judges know that defendants have the right to effective representation. If your current attorney isn't communicating or hasn't prepared, the court may appreciate that you're taking your case seriously and trying to correct the issue before trial.

What if the court says no to the new attorney?

The court can deny a substitution if it would delay proceedings unreasonably. However, your new lawyer can often argue for a short continuance, especially if your prior attorney didn't do necessary work. It's all about presenting a legitimate reason.

How can I prove my current lawyer isn't doing enough?

Document everything. Keep records of unanswered calls, missed appointments, or ignored evidence. A skilled private attorney can include these in a motion to support why the court should allow a substitution.

Can I go back to a public defender if I change my mind?

You can ask, but the court may not grant your request if you fired the public defender to hire private counsel and then try to go back. Once you hire private counsel, you're expected to stick with them unless there's a major issue.

Will my new attorney have enough time to prepare?

If your new lawyer has trial experience and works quickly, it's possible. Many times, we can request a brief continuance to review the file, re-interview witnesses, and prepare motions. I've successfully done this in numerous cases.

Is it better to have a private lawyer for trial?

Generally, yes. Private lawyers can dedicate more time, resources, and attention to your case. That's critical during trial, where every detail matters—jury selection, cross-examination, objections, and presenting your defense all require intense focus.

Can switching attorneys help my chances of winning?

It can, especially if your previous lawyer failed to investigate, didn't file motions, or overlooked defenses. A fresh attorney with trial experience may catch opportunities that were missed and challenge evidence that otherwise would have gone unchallenged.

What happens if my new attorney wants to use a different strategy?

That can be a good thing. Your new lawyer may spot issues with the current strategy and offer a stronger path forward. Sometimes, shifting to a self-defense claim, for example, or pursuing a suppression motion can make a real difference.

What's the first step to changing lawyers?

Contact a private attorney who is trial-ready. The new lawyer will file a motion to substitute in as counsel and may request a brief delay to prepare. The court will look at how this impacts the schedule, but if done correctly, a switch can happen even just days before trial.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you're unhappy with your current representation or unsure if your attorney is ready for trial, it's not too late to make a change. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.