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.
In Philadelphia, Pennsylvania, a motion to have new counsel appointed is referred to as a Mars den Motion. This legal procedure allows a defendant to request a new attorney if they are dissatisfied with their current representation. The motion is named after a landmark California case, People v. Mars den, which established the defendant's right to seek new counsel if they have a legitimate reason. A Mars den Motion in Philadelphia can be filed in various situations, such as: 1. Lack of Effective Representation: If the defendant believes that their attorney is not providing adequate representation, such as failing to communicate, lacking necessary expertise, or not preparing adequately for trial, they may file a Mars den Motion to seek new counsel. 2. Breakdown of Trust: If there is a breakdown in the attorney-client relationship, resulting in a lack of trust or effective communication, the defendant may request a change in counsel through a Mars den Motion. 3. Conflict of Interest: If the defendant discovers that their attorney has a conflict of interest that could potentially harm their case, they can file a Mars den Motion to assign a new attorney free from such conflicts. 4. Personal Preference: In some cases, a defendant may simply prefer to have a different attorney for personal reasons. While this may not always be granted, a Mars den Motion allows the defendant to state their preference and request a change. When filing a Philadelphia Pennsylvania Motion to have New Counsel Appointed Mars denen Motion, it is essential to provide a detailed explanation of the reasons for dissatisfaction or the need for a new attorney. This may include specific instances where the current attorney's performance has fallen short, or any significant conflicts that have arisen. Ultimately, the decision to grant or deny a Mars den Motion lies with the court, which will consider the reasons presented by the defendant and make a determination based on the best interests of justice.In Philadelphia, Pennsylvania, a motion to have new counsel appointed is referred to as a Mars den Motion. This legal procedure allows a defendant to request a new attorney if they are dissatisfied with their current representation. The motion is named after a landmark California case, People v. Mars den, which established the defendant's right to seek new counsel if they have a legitimate reason. A Mars den Motion in Philadelphia can be filed in various situations, such as: 1. Lack of Effective Representation: If the defendant believes that their attorney is not providing adequate representation, such as failing to communicate, lacking necessary expertise, or not preparing adequately for trial, they may file a Mars den Motion to seek new counsel. 2. Breakdown of Trust: If there is a breakdown in the attorney-client relationship, resulting in a lack of trust or effective communication, the defendant may request a change in counsel through a Mars den Motion. 3. Conflict of Interest: If the defendant discovers that their attorney has a conflict of interest that could potentially harm their case, they can file a Mars den Motion to assign a new attorney free from such conflicts. 4. Personal Preference: In some cases, a defendant may simply prefer to have a different attorney for personal reasons. While this may not always be granted, a Mars den Motion allows the defendant to state their preference and request a change. When filing a Philadelphia Pennsylvania Motion to have New Counsel Appointed Mars denen Motion, it is essential to provide a detailed explanation of the reasons for dissatisfaction or the need for a new attorney. This may include specific instances where the current attorney's performance has fallen short, or any significant conflicts that have arisen. Ultimately, the decision to grant or deny a Mars den Motion lies with the court, which will consider the reasons presented by the defendant and make a determination based on the best interests of justice.
