Hillsborough Florida Motion to have New Counsel Appointed - Marsden Motion

State:
Multi-State
County:
Hillsborough
Control #:
US-02070BG
Format:
Word; 
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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

To request a new court-appointed attorney, you typically need to submit a Marsden motion, detailing your concerns about your current representation. The process may involve completing specific court forms and providing evidence to support your request. Utilizing the resources on USLegalForms can guide you through filing a Hillsborough Florida Motion to have New Counsel Appointed - Marsden Motion effectively.

You must schedule your Motion for a Hearing before the assigned Judge or a General Master/Hearing Officer. You must coordinate a mutually agreeable time and date for the Hearing, and give no less than 5 (five) working days advance Notice of Hearing to the opposing party or attorney, in writing.

A Nelson hearing is a hearing to determine whether or not a court appointed attorney should be removed from a particular case. This happens in instances where the lawyer is deemed not to have given competent or adequate counsel in some way. It is up to the defendant to make application to the court for this.

Dear (name), I am writing to request a due process hearing on behalf of my child, (child's name), whose address is (give your child's address, even if it is the same as your own). (Child's name) attends (name of school). Explain the problem with BRIEF statements of fact.

You can fire your public defender any time you want, but you will have to hire your own lawyer or represent yourself. No Orlando judge is going to give you another free lawyer. The state does not have to make you any offer at all. The only option other than entering a plea is going to trial.

The basic requirements for filing a motion to dismiss in a criminal case include: Be in writing and signed by the party or party's attorney making the motion. State the grounds for the case. A copy of the motion must be served on the adverse party. Be sworn by the defendant. Be accompanied by a certificate of service.

How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.

Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge.

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 allows a criminal defendant in California state courts to fire his appointed attorney and be appointed a new one. There is no need to file a written motion. The defendant would simply speak up in court and clearly state that he requests a substitution of counsel.

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Hillsborough Florida Motion to have New Counsel Appointed - Marsden Motion