Marsden Motion Template With Time Limit
Description
How to fill out Motion To Have New Counsel Appointed - Marsden Motion?
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FAQ
The court must question both the defendant and usually the current attorney in order to rule on the motion. A ruling cannot be based on the judge's personal confidence in the attorney, observations of the attorney's previous courtroom conduct, or ex parte communications with other participants.
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant.
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.