“You Can’t Fire Me, I Quit!”: Why Judges Won’t Let You Switch Lawyers on the Eve of Trial

By: John Guidry

Timing is everything. This is especially true in criminal cases. Unfortunately, not everyone has the money to hire an attorney right away. Often, a defendant will stick with a Public Defender until the very last minute, when the family finally scrapes together the funds for a private lawyer.

The Question: Must the Judge permit you to switch to the lawyer of your choice on the morning of trial? The Answer: Usually, No.

While the Constitution gives you the right to pick your own attorney (if you can afford one), you do not have the right to delay the court system indefinitely.

Are you unhappy with your current lawyer and want to switch before trial?

Do not wait until the last minute. Call John today at (407) 423-1117.

The War Story: The “Morning Of” Mistake

Over ten years ago, I was hired to represent a client on the morning of trial.

• The Situation: It was a felony drug case. The Public Defender had missed serious legal issues that demanded a Motion to Suppress.
• The Plan: I spoke to the prosecutor; he had no objection to a continuance. I assumed the Judge would grant it.
• The Result: The Judge refused. He wouldn’t let me in the case.
  • I refunded the fee (ouch).
  • The client was stuck with a lawyer he didn’t want.
  • The Judge prioritized his calendar over the client’s rights.

It wasn’t fair, but it was legal. And frankly, it happens all the time.

Case Study 1: The “Speedy Trial” Trap (Francois v. State)

A more extreme example is Francois v. State, 137 So. 3d 1186 (Fla. 3d DCA 2014).

• The Charge: Attempted Second-Degree Murder.
• The Mistake: Francois filed a Demand for Speedy Trial. This tells the court: “I am ready for trial NOW.”
• The Timeline:
  • Friday: Judge asks if he is ready. Francois says “Yes.”
  • Monday: Jury is picked and sworn. Trial has officially begun.
  • Tuesday: Francois asks for a continuance to hire a private lawyer.

The Ruling: The Judge denied the request, and the Appeals Court agreed.

• The Logic: You cannot demand a speedy trial on Friday, pick a jury on Monday, and then try to fire your lawyer on Tuesday.
• The Missing Lawyer: Critically, the “new” lawyer wasn’t even there. The family was “in the process” of hiring him. You cannot delay a trial for a theoretical lawyer.

Case Study 2: The “Show Up” Success (Alvarez v. State)

However, there is hope if you do it right. In Alvarez v. State, 75 So. 3d 420 (Fla. 4th DCA 2011), the defendant also requested a continuance on the day of trial.

• The Difference: He had actually hired the new lawyer, and the new lawyer was standing in the courtroom ready to argue the Motion for Continuance.
• The Error: The trial judge denied it instantly without asking any questions.

The Ruling: The Appeals Court overturned the conviction.

• The Law: A Judge cannot just say “No.” They must weigh specific factors:
  1. Complexity: How long will it take the new lawyer to prepare?
  2. Prejudice: Will the State be harmed by the delay?
  3. Competence: Is the current lawyer doing a bad job?
  4. Timing: Has the case been pending for years, or is this the first request?

Because the Judge in Alvarez failed to weigh these factors, Alvarez got a new trial with the lawyer of his choice.

John’s 2026 Update: The “Data Dump” Dilemma

Note: In the old days, a new lawyer could catch up by reading a paper file. In 2026, the file is 500 Gigabytes.

1. The “Digital Discovery” Burden In 2026, even a simple battery case includes Body Cam footage, dash cam, surveillance video, and digital phone dumps.

• The Judicial Mindset: Judges know that if they let you swap lawyers, the new lawyer needs months to review the video evidence. They can’t just read a police report in an hour.
• The Result: Courts are stricter now. If you try to swap lawyers late, the Judge will assume you are doing it solely to delay the trial because the “review time” is so massive.

2. The “Certificate of Readiness” Many courts now require a digital Certificate of Readiness weeks before trial.

• The Trap: If your current lawyer files this document, it is very hard to undo. It is a formal declaration to the court system that discovery is complete and the defense is ready. Trying to hire private counsel after this is filed is an uphill battle.

3. Civil vs. Criminal Hypocrisy It still amazes me. In Civil Court (money lawsuits), judges grant continuances for years. But in Criminal Court (where your liberty is at stake), they act like a 30-day delay is the end of the world.

• The Advice: Do not bank on a continuance. If you want a private lawyer, hire them before the Pre-Trial Conference. Once the trial docket is set, the door starts closing fast.

Don’t Wait Until Jury Selection

If you are unhappy with your representation, you have the right to change it—but you must act fast. The closer you get to trial, the more power the Judge has to tell you “No.”

Call me at (407) 423-1117. Let’s make the switch while we still can.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.