Can You Change Lawyers Mid-Trial in a Tacoma, WA Criminal Case?

If you’re facing serious charges in Tacoma or elsewhere in Washington, it’s critical to feel confident in your legal representation. But what happens if your trial has already started—and you want to hire a different lawyer? A recent appellate case out of Washington helps clarify how courts handle this situation and what your rights are under the law.

The Background: Assault, Harassment, and a Complicated Trial

In an unpublished opinion issued by the Washington Court of Appeals, a defendant was charged with second- and fourth-degree assault. Before the trial began, the State of Washington added felony harassment of a Good Samaritan and attempted second-degree robbery to the list of charges. Under Washington law, harsher penalties may apply if a crime is committed against someone who is trying to help—a Good Samaritan. These sentencing enhancements can have a significant impact on the outcome of a case.

The defendant pleaded not guilty and prepared for trial. Before jury selection began, the trial court dismissed the attempted robbery charge without prejudice, meaning the State could refile it in the future. That left three charges on the table as the trial moved forward.

The Defendant Seeks New Representation During Trial

After the jury was selected and opening statements had been made, the defendant requested to discharge his court-appointed attorney in favor of a private lawyer. However, he did not provide the name of the private attorney at the time of the request. The State objected, citing concerns about delaying the trial. Three witnesses scheduled to testify required interpreter services, and the prosecution argued that any delay could complicate logistics.

The trial court denied the request, and the proceedings continued. During a recess later in the trial, the defendant again requested to change attorneys. This time, he stated that his new private lawyer was on the way to the courthouse. The judge indicated that he would consider the motion if the new attorney arrived promptly and was prepared to take over the case.

The New Attorney Appears—But Doesn’t Step In

The private attorney did arrive at the courthouse but left the courtroom while a witness was testifying. The court later contacted the attorney, who admitted that the defendant’s court-appointed lawyer was more familiar with the details of the case and better prepared to represent him at that point in the trial.

Despite the acknowledgment from the private lawyer, the defendant continued to push for the substitution. The trial judge ultimately denied the request and ruled that the current counsel would remain in place through the rest of the trial.

The Outcome: Conviction and Appeal

The trial continued, and the jury found the defendant guilty of second-degree assault, fourth-degree assault, and felony harassment of a Good Samaritan. He was sentenced to serve concurrent terms of 14 months, 12 months, and 364 days. The defendant then appealed, arguing that the trial court had violated his constitutional right to be represented by counsel of his choice.

What the Court of Appeals Decided

The Washington Court of Appeals, Division One, reviewed the claim and examined the rights guaranteed under the Sixth Amendment of the Washington Constitution. The court affirmed that a defendant has the right to effective assistance of counsel and, where feasible, the right to select their own attorney.

However, the court clarified that this right is not absolute. The counsel-of-choice provision allows a defendant to be represented by a qualified attorney that they can afford or one who is willing to represent them without compensation. It does not guarantee a defendant the right to change attorneys at any point in the trial—especially if that change would cause disruption, delay, or compromise the fairness of the proceedings.

In this case, the appellate court found that the private attorney was not adequately prepared to step in mid-trial. Given the timing of the request and the circumstances, the court ruled that the trial judge acted appropriately in denying the substitution. The defendant’s convictions were upheld.

What This Means for Defendants in Tacoma Criminal Cases

Can you change lawyers after trial has started?

Yes—but only under specific conditions. Courts are generally reluctant to approve last-minute substitutions unless the new attorney is prepared, the request is timely, and there is no risk of delaying the trial or causing prejudice to either party.

Do you have the right to your preferred lawyer?

You do have the right to choose your own attorney, provided that:

The attorney is properly licensed and qualified.

You can afford to retain them, or they are willing to work pro bono.

They are ready to take over without delaying proceedings or harming your case.

If these conditions aren’t met, a court is likely to deny your request to change attorneys, even if you are dissatisfied with your current counsel.

What if you’re unhappy with your public defender?

Disliking your attorney or disagreeing with their strategy is not, on its own, a sufficient reason to change representation mid-trial. Courts will consider whether the attorney is providing ineffective assistance—meaning that they are failing to meet a minimum standard of professional competence. If the court-appointed attorney is doing their job effectively, a change may not be permitted.

Can a private lawyer step in at the last minute?

Not usually. If a private attorney is unfamiliar with the case, hasn’t reviewed discovery, or cannot begin immediately without delay, courts are likely to block the switch. The justice system is designed to protect both the defendant’s rights and the integrity of the trial process. Courts weigh both sides when deciding these motions.

A Realistic Example from Tacoma

Let’s say a defendant in Tacoma is on trial for felony assault and other charges. Two days into the trial, the defendant’s family hires a private attorney. That attorney arrives during testimony but hasn’t reviewed the case file, talked to witnesses, or prepared any motions. The defendant asks to swap attorneys.

In most cases, the judge would deny this request. Allowing the substitution would likely require pausing the trial, redoing work already done, or calling back witnesses. Even if the new attorney is highly qualified, their lack of preparation would harm the integrity of the proceedings.

Don’t Wait—Act Early to Protect Your Rights

This case underscores an important point: if you are considering changing lawyers, do it before your trial starts. Waiting too long can make it difficult or impossible to switch. Courts will not allow changes that appear tactical or would cause disruption once a trial is in progress.

If you’re facing serious criminal charges in Tacoma or Pierce County, you deserve to have confidence in your representation. But switching lawyers mid-trial isn’t always an option. The earlier you act, the more options you’ll have.

To discuss your rights with a dedicated criminal lawyer soon, call the Law Offices of Smith & White at (253) 203-1645. You may also contact the skilled advocates at the Law Offices of Smith & White via our website.