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Motion to have New Counsel Appointed - Marsden Motion

Montana Motion to have New Counsel Appointed - Marsden Motion

Category:

Criminal - Counsel Appointments

State:

Multi-State

Control #:

US-02070BG

Format:

Instant download

Description

A Marsden motion gets its name from the case of People v. Marsden 2 Cal.3d 118 (1970). It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel. A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either (1) that appointed counsel is not providing adequate representation, or (2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Both are paid by the state or federal government, but court-appointed attorneys are paid by the hour, while public defenders are salaried employees. However, court-appointed attorneys are private lawyers appointed by the court on a need basis, while public defenders are county, state, or federal employees.

A Marsden mo?on is a criminal defense mo?on made by a Defendant in a criminal case to discharge his/her court appointed atorney (public defender or private defender panel atorney), and subs?tute new counsel.

In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those who cannot afford to hire a private attorney.

Infraction crimes are not punishable by imprisonment. A person charged with an infraction is not entitled to a trial by jury, and is not entitled to be represented by court- appointed counsel at public expense unless the person is held in custody.

No. Someone who is convicted or has a deferred disposition pays the counsel fee to the court; the state has already paid the attorneys. Public defenders are paid a salary from the general budget of Virginia.

Only the clerk of court or a judge can appoint the Public Defender's Office to represent you. Unless you are acquitted or your charge is dismissed, the services of the Public Defender are not free. When you apply for the appointment of the Public Defender, a $50.00 fee will automatically be assessed.

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.

A Marsden motion is a legal document, brought by a criminal defendant and filed with the court, to fire a defendant's court-appointed counsel (usually a public defender) and get new counsel.

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