Marsden Motion Template With Time
Description
How to fill out Motion To Have New Counsel Appointed - Marsden Motion?
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FAQ
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
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 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.
In a Nutshell: A Marsden motion is a request by a defendant that the judge appoint another attorney (usually another public defender or alternate public defender) because defendant believes that his or her Sixth Amendment right to effective counsel is being violated in some way.
A ?Marsden Motion? is brought by a defendant in a California criminal case asking to discharge the court-appointed attorney or public defender. This motion is filed with the court and the request is evaluated at a Marsden Hearing where the court makes a ruling.