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New Hampshire
Motion to have New Counsel Appointed - Marsden Motion

New Hampshire 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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How to fill out Motion To Have New Counsel Appointed - Marsden Motion?

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FAQ

Please note that a Marsden motion is the only way by which a defendant in a California criminal case can fire his court-appointed lawyer to get a substitution of counsel. Please also note this motion only applies to public defenders.

Some of the most common types of ineffective assistance of counsel claims involve: Failure to conduct an adequate investigation; Failure to file or litigate pre-trial motions; Failure to object to the introduction of inadmissible evidence; Failure to preserve issues for appeal;

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 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.

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. The name of the motion comes from a real California court case of People v. Marsden.

The right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney. The Sixth Amendment gives defendants the right to counsel in federal prosecutions.

Sometimes before or during a trial, issues arise which need to be resolved before the trial can continue. To resolve such issues, one of the parties can make a motion. A motion is a request to the court for the judge to make a decision about the issue.

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