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.
A Virginia Motion to have New Counsel Appointed, also known as a Mars den Motion, is a legal procedure that allows a defendant to request a change in counsel due to dissatisfaction or lack of confidence in their current attorney. This motion is applicable in various types of criminal cases, ranging from misdemeanors to felonies. The Mars den Motion gets its name from the landmark 1970 California Supreme Court case, People v. Mars den. While the Mars den case took place in California, the motion has been adopted and recognized in other states, including Virginia. In a Virginia Mars den Motion, there are a few different types that can arise depending on the circumstances: 1. Mars den Motion based on ineffective assistance of counsel: This type of motion is filed when a defendant believes their current attorney is not providing effective representation or is failing to meet the minimum standards required by law. They may argue that their attorney has been neglectful, unprepared, or incompetent. 2. Mars den Motion based on breakdown of attorney-client relationship: This motion is filed when there is a significant breakdown in communication, trust, or cooperation between the defendant and their attorney. The defendant may feel that their attorney is not listening to their concerns, not keeping them informed about case developments, or not advocating for their best interests. 3. Mars den Motion based on conflicts of interest: If a defendant discovers that their attorney has a conflict of interest that might impact their case negatively, they can file a Mars den Motion based on conflicts of interest. This can include situations where the attorney has a personal or professional relationship with the opposing party, a witness, or a victim, which could compromise their ability to provide unbiased representation. To initiate a Mars den Motion in Virginia, the defendant must file a written motion with the court detailing the reasons for their request to have new counsel appointed. The court will then review the motion and conduct a hearing to consider the merits of the request. During the hearing, the defendant will be given an opportunity to present evidence and argument supporting their motion, while the current attorney may have a chance to respond and defend their performance. Ultimately, it is up to the judge to determine whether the defendant's dissatisfaction with their attorney justifies the appointment of new counsel. If the motion is granted, the court will appoint a new attorney to represent the defendant, ensuring their right to effective representation and a fair trial.A Virginia Motion to have New Counsel Appointed, also known as a Mars den Motion, is a legal procedure that allows a defendant to request a change in counsel due to dissatisfaction or lack of confidence in their current attorney. This motion is applicable in various types of criminal cases, ranging from misdemeanors to felonies. The Mars den Motion gets its name from the landmark 1970 California Supreme Court case, People v. Mars den. While the Mars den case took place in California, the motion has been adopted and recognized in other states, including Virginia. In a Virginia Mars den Motion, there are a few different types that can arise depending on the circumstances: 1. Mars den Motion based on ineffective assistance of counsel: This type of motion is filed when a defendant believes their current attorney is not providing effective representation or is failing to meet the minimum standards required by law. They may argue that their attorney has been neglectful, unprepared, or incompetent. 2. Mars den Motion based on breakdown of attorney-client relationship: This motion is filed when there is a significant breakdown in communication, trust, or cooperation between the defendant and their attorney. The defendant may feel that their attorney is not listening to their concerns, not keeping them informed about case developments, or not advocating for their best interests. 3. Mars den Motion based on conflicts of interest: If a defendant discovers that their attorney has a conflict of interest that might impact their case negatively, they can file a Mars den Motion based on conflicts of interest. This can include situations where the attorney has a personal or professional relationship with the opposing party, a witness, or a victim, which could compromise their ability to provide unbiased representation. To initiate a Mars den Motion in Virginia, the defendant must file a written motion with the court detailing the reasons for their request to have new counsel appointed. The court will then review the motion and conduct a hearing to consider the merits of the request. During the hearing, the defendant will be given an opportunity to present evidence and argument supporting their motion, while the current attorney may have a chance to respond and defend their performance. Ultimately, it is up to the judge to determine whether the defendant's dissatisfaction with their attorney justifies the appointment of new counsel. If the motion is granted, the court will appoint a new attorney to represent the defendant, ensuring their right to effective representation and a fair trial.
