Working With a Lawyer

Can I hire a private lawyer if I already have a PD?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Yes, at any point. The public defender withdraws once private counsel appears.

Yes. You can retain private counsel at any stage, and the transition is routine.

How it works. Retained counsel files a notice of appearance, the public defender moves to withdraw, and the court grants it. The file transfers.

Timing matters. Earlier is better. A case where depositions have been taken and motions filed is easier to take over than one on the eve of trial, and some courts are reluctant to grant continuances to accommodate a late substitution.

What to ask before switching. What specifically would be done differently. A concrete answer — depositions that haven't been taken, a suppression issue not yet raised, records not yet requested — is more meaningful than general assurances.

Talk to your current attorney first. Sometimes the concern is communication rather than representation, and that's fixable without the cost of retaining someone.

Application fees paid for public defender appointment are generally not refunded.

Ask the new lawyer what specifically they'd do differently. The answer should be concrete. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.