Attorney is dragging her heels - defendant is incarcerated longer than necessary

Hello. Yes—lack of timely action that keeps a defendant incarcerated longer than necessary can be a valid reason to replace counsel, especially where a fix (like setting a restitution hearing or stipulating to an amount/payment plan) should already be teed up.

If you hired (retained) the attorney, you generally have the right to discharge them. In Nevada, when a client discharges a lawyer, the lawyer is expected to withdraw, but the court controls timing and usually requires a filed substitution/withdrawal so the case doesn’t stall.

If the attorney is court-appointed, you can still request new counsel, but you’ll typically need to show good cause (breakdown in communication, missed deadlines, prejudice, etc.).

In Nevada, restitution is often a condition of probation/suspended sentence, and failure to comply can create consequences—so an “unresolved restitution” issue can absolutely block release options.

Also, Nevada’s residential confinement framework explicitly considers the ability to meet existing restitution obligations. See NRS 209.429 (residential confinement / restitution considerations).

1. Write a short termination email/letter: “You are discharged effective immediately. Please provide the complete file, itemized billing, and any unearned retainer refund.”
2. Get new counsel lined up first (best). New counsel can file the Substitution of Counsel and/or push the current lawyer to sign it. (Courts often require a formal motion/notice for withdrawal/substitution.)
3. Ask for an emergency court date (through new counsel if possible): a restitution hearing/status conference and an order clarifying the amount or setting a payment plan—so eligibility for house arrest can be evaluated immediately.
4. If your current attorney’s delay is serious, you can file a bar complaint (this won’t fix the release issue quickly, but it documents misconduct). One official place to do that is the Nevada State Bar’s online complaint form: https://nvbar.org/for-lawyers/ethics-discipline/fi...

For background on restitution concepts in Nevada statutes, you can also review: NRS 119.330 (restitution ordered on conviction) and NRS 452.305 (felony + restitution).

Two quick questions so I can tailor the fastest procedural path in Reno (Washoe/2nd Judicial District):

1. Is your wife’s lawyer retained or appointed?
2. Is she waiting on sentencing restitution, or is restitution a probation condition that needs clarification/modification?

Please note! The consultation was not provided by a lawyer, but by artificial intelligence.