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IN THE CIRCUIT COURT OF (Name) COUNTY (Name) COUNTY, (Name of State) (Name of State) V. CAUSE NO. DEFENDANT (Name of Defendant)MOTION TO HAVE NEW COUNSEL APPOINTEDComes now (Name of Defendant), Defendant.

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How to fill out the Marsden Motion Template online

Filling out the Marsden Motion Template online can streamline the process of requesting new legal counsel. This guide will walk you through each section of the template to ensure you provide all necessary information clearly and effectively.

Follow the steps to complete the Marsden Motion Template online

  1. Click ‘Get Form’ button to obtain the form and open it in your preferred editor.
  2. Enter the name of the county where your case is being heard in the first blank, following 'IN THE CIRCUIT COURT OF.'
  3. Fill in the name of the defendant in the space marked 'Defendant' beneath 'V.'.
  4. Specify the Cause Number in the section labeled 'CAUSE NO.'.
  5. In the section starting with 'Comes now,' write your name in the blank after 'Defendant' and outline the reasons for seeking new counsel.
  6. Provide specific details in the section that asks for facts illustrating inadequate representation or a conflict with current counsel.
  7. Sign and print your name in the designated areas at the bottom of the form, including the date.
  8. For the Certificate of Service, fill in your name as the defendant and provide the necessary details about how you served your motion.
  9. Ensure to print your name, signature, address, and telephone number in the last section.
  10. After completing the form, save your changes, and you can download, print, or share the completed document.

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A person defended by an attorney appointed by the State of California, however, cannot fire the attorney, but can ask the judge to remove the attorney (a public defender or alternate public defender) and appoint another attorney if the defendant's Constitutional (Sixth Amendment) right to effective counsel is ...

The name comes from the case People v. Marsden. A defendant is required to know to make a challenge of ineffective assistance of counsel, and make one, or the claim of ineffective assistance of counsel or the issue cannot be raised on appeal. There is no requirement to notify a defendant of such a requirement.

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.

To make a Marsden motion, you can simply speak up in court to the judge and clearly state that you are making a Marsden motion and request a substitution of counsel. Be prepared to answer the judge's questions regarding the reasons why you want a new attorney appointed.

To make a Marsden motion, you can simply speak up in court to the judge and clearly state that you are making a Marsden motion and request a substitution of counsel. Be prepared to answer the judge's questions regarding the reasons why you want a new attorney appointed.

If you wish to remove your attorney, you'll have to request a Marsden Hearing. During this time, a judge will listen to a defendant describe the reasons why he or she believes their counsel is not qualified or able to defend them.

A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.

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