Second Opinion on Your Case

Get a Second Opinion on Your California Criminal Case

If you have a criminal case pending in California and you are not confident in the advice you are getting, you can have another criminal defense attorney review it. You do not need your current lawyer's permission, you do not have to fire anyone, and the conversation is confidential. My Rights Law Criminal Defense and DUI Lawyers offer free, confidential second-opinion consultations for people facing charges in Los Angeles, San Bernardino, Riverside, Orange, Ventura, and San Diego Counties. Call 888-702-8882 any time.

California's ethics rules restrict a lawyer from contacting someone who is represented by counsel when that lawyer represents another party in the case. They do not stop you from choosing to consult an independent attorney about your own case. Talking to us does not notify your current attorney, does not end that relationship, and does not obligate you to switch. Many people get a second opinion, learn that their attorney's strategy is sound, and stay where they are. That is a good outcome. The point is to make an informed decision when jail, a permanent record, or your license is on the line.

Call My Rights Law at 888-702-8882 or fill out our secure contact form for a free, confidential consultation. We are available 24 hours a day, 7 days a week, and offer flat fee pricing.

When People Ask Us for a Second Opinion

Most second-opinion requests come down to a handful of situations. If any of these sound like your case, an independent review can either confirm you are on the right track or show you options you have not heard about yet.

• You are being pushed to take a plea deal. You want an independent read on whether the offer is fair, whether the charges can be fought, or whether there is room to negotiate further.
• You cannot get a callback. California attorneys must respond promptly to reasonable status inquiries and keep clients reasonably informed of significant developments (Business and Professions Code § 6068(m); Rule of Professional Conduct 1.4). If you do not know your next court date or what the evidence shows, something is wrong.
• You have a public defender and want to know what a private firm would do differently. Public defenders are often excellent lawyers carrying heavy caseloads. A second opinion helps you weigh the trade-offs before you decide.
• Nobody has filed motions. If you were stopped without cause, searched without a warrant, or questioned improperly, a motion to suppress under Penal Code § 1538.5 may be available. These motions have deadlines, and an issue that isn't raised in time can be lost.
• The deal has consequences nobody explained. Immigration status, professional licenses, firearm rights, and driving privileges can all be affected by a plea.
• Your case is heading to trial and you want a fresh set of eyes on the defense.

What a Second-Opinion Review Covers

When we review a case for a second opinion, we look at the police report and any body-camera footage, the charging document and your realistic sentencing exposure, the discovery you have received and what is missing, any plea offer on the table, motions that could be filed, collateral consequences, and the deadlines coming up in your case. Then we tell you honestly whether we agree with your attorney's approach, disagree with it, or see options that have not been raised.

Your Consultation Is Confidential, Even If You Never Hire Us

Under California Rule of Professional Conduct 1.18, a lawyer who consults with a prospective client must protect that person's confidential information even when no attorney-client relationship follows. And under Evidence Code § 951, the attorney-client privilege covers people who consult a lawyer to obtain legal advice, not just people who sign a retainer. Nothing you tell us goes to your current attorney, the prosecutor, or anyone else.

If You Decide to Switch Attorneys

You are never required to switch. If you do, here is how it works in California.
If you hired your current attorney: The California Supreme Court held in People v. Ortiz (1990) 51 Cal.3d 975 that a defendant may discharge retained counsel with or without cause, and does not have to prove the attorney did anything wrong. The main limit is timing. A court can refuse a substitution that would unreasonably disrupt the proceedings, for example a request made days before trial. The earlier you act, the smoother the change.
If you have a public defender or court-appointed attorney: You can hire private counsel at any point, and no showing of inadequate representation is required. Asking the court to appoint a different public defender is a separate process, called a Marsden motion, and requires showing inadequate representation or an irreconcilable conflict. That is a high bar; hiring private counsel is not.
The paperwork: Your new attorney prepares the substitution of attorney, presents it to the court, and takes over your case. You do not have to confront your former lawyer or appear on your own.
Your file: When representation ends, your former attorney must promptly release your file on request (Rule 1.16(e)). Certain discovery materials, such as witness contact information, are restricted by statute and are transferred to your new attorney rather than to you directly.

Don't Wait Until After You've Pleaded

The U.S. Supreme Court held in Missouri v. Frye and Lafler v. Cooper (2012) that the right to effective counsel applies to plea bargaining, and California Rule 1.4.1 requires your attorney to promptly tell you every term of a proposed plea deal. But once a plea is entered, undoing it is difficult. Penal Code § 1018 allows a plea to be withdrawn only for good cause, and only before judgment or within six months after probation is granted. Regret is not good cause. A second opinion takes an hour before the plea; fixing a bad plea afterward may not be possible.

What to Bring to Your Consultation

• The complaint or charging document and your case number
• The police report and any discovery you have received
• The plea offer, in writing if you have it
• Your court dates and notes on what happened at each hearing
• Your fee agreement with your current attorney (this helps clarify what, if anything, you would still owe)
• Bail or release paperwork

If you do not have some of these, come anyway. We can obtain records once you decide how to proceed.

Frequently Asked Questions About Second Opinions

Does getting a second opinion mean I am firing my lawyer?

No. A second opinion is a confidential review by a lawyer who is not currently representing you. Your current attorney stays on the case unless and until you decide to change, and nothing about the consultation is communicated to them.

Will my current lawyer find out I talked to you?

Not from us. Under Rule 1.18 we must keep what you tell us confidential even if you never hire us, and we do not contact your attorney without your instruction.

Does a second opinion cost anything?

Our second-opinion consultations are free and confidential. If you decide to switch, we will explain our flat-fee pricing before you commit to anything.

Can I switch lawyers right before trial?

Sometimes, but not always. Under People v. Ortiz, a judge can deny a last-minute substitution that would force a continuance. If you are considering a change, the sooner you consult us, the more options you have.

Can I replace my public defender?

You have two paths: hire private counsel, which requires no showing of inadequate representation, or ask the court to appoint a different lawyer through a Marsden motion, which requires proving inadequate representation or an irreconcilable conflict.

Can I get my case file from my old attorney?

Yes. Rule 1.16(e) requires your former attorney to promptly release your file on request when representation ends, subject to statutory limits on certain discovery materials, which go to your new attorney.

I already pleaded guilty. Is it too late?

Not necessarily, but time matters. Penal Code § 1018 allows a plea to be withdrawn for good cause before judgment or within six months of a grant of probation. Other post-conviction remedies may exist depending on your situation. Call us as soon as possible.

What if you agree with my current lawyer?

Then we will tell you that. Confirming that you are getting sound advice is one of the most common, and most valuable, outcomes of a second opinion.

Talk to Us Before You Decide

If you are unsure whether you are being well represented, a one-hour conversation can settle it. Call 888-702-8882 or schedule a free confidential consultation. Se habla español.