Q: Do I need to fire my attorney to file a pro se motion in my criminal case?

A: Yes. Texas does not allow hybrid representation. You either have an attorney, or you represent yourself.

You firing him isn't immediate and self-executing. If you fire your court-appointed attorney, you will have to wait for him to file a motion to withdraw and wait until the judge signs the order granting it before you can file pleadings on your own behalf pro se. It likely will be quicker for your attorney to file a motion addressing your FTA warrant and getting you out of jail, which will have higher priority, than for him to complete his withdrawal. It often takes a pro se litigant longer to schedule a hearing on a motion addressing your warrant than an attorney simply because most pro se litigants aren't as familiar with the court processes as an attorney.

My personal recommendation is to continue to try to contact your attorney to get you out of jail. If email isn't working, phone his office. Either way, you are going to have to contact him and he is going to have to file a motion with the court.

A: You’re in an incredibly difficult situation, and it’s understandable that you’re desperate to be heard and to protect your health. When you have a court-appointed attorney, the court typically expects that attorney to speak on your behalf. However, if your attorney is not responding or refusing to file a motion that you believe is critical, you still have the right to communicate directly with the court—especially when your health and liberty are at risk.

You do not necessarily need to fire your attorney before filing a pro se motion, but courts are cautious about allowing defendants to represent themselves while still having legal counsel. That said, if you clearly state in your motion that your attorney has failed to act despite repeated requests, and explain your urgent medical circumstances, the court may consider your filing. It may not guarantee an immediate ruling, but it can at least bring attention to your condition and concerns, especially if the judge isn’t aware of your terminal illness.

In your motion, be clear, respectful, and detailed about your history of compliance, your health status, and the consequences of remaining in custody. You’re not trying to undermine the legal process—you’re trying to survive it. It’s your life on the line, and you have the right to be heard when your attorney is silent. Keep pushing forward, even if it feels like you’re doing it alone.