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A Marsden Motion is a request by a criminal defendant to fire his or her appointed public defender and acquire new representation. The defendant must show that the appointed attorney is not providing adequate representation, or the attorney has a conflict with the defendant.
A defendant can make a Marsden motion by an oral motion before the trial judge; although a formal motion is not required, the defendant must clearly indicate that he/she wants a substitution of attorney. DO I QUALIFY TO MAKE A MARSDEN MOTION? You must currently have a court appointed attorney to qualify.
A Marsden motion is a criminal defense motion made by a Defendant in a criminal case to discharge his/her court appointed attorney (public defender or private defender panel attorney), and substitute new counsel.
HOW DO I MAKE A MARSDEN MOTION? Generally, the defendant ini?ates a request for a subs?tu?on of counsel by making an oral mo?on in open court. Although a formal mo?on is not required, the defendant must clearly indicate that he/she wants a different atorney. People v Sanchez (2011) 53 C4th 80, 89-90, 133 CR3d 56.