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Motion to have New Counsel Appointed - Marsden Motion

Pima Arizona Motion to have New Counsel Appointed - Marsden Motion

Q: What is a Faretta hearing?

A Faretta hearing is when the judge rules on the defendant&#039;s motion to go pro per. If the motion is granted, the defendant waives the right to counsel and represents himself or herself in a criminal proceeding. If the judge denies the motion, then the defendant must hire an attorney or have the court appoint one.

Category:

Criminal - Counsel Appointments

State:

Multi-State

County:

Pima

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

A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.

A Faretta hearing is when the judge rules on the defendant's motion to go pro per. If the motion is granted, the defendant waives the right to counsel and represents himself or herself in a criminal proceeding. If the judge denies the motion, then the defendant must hire an attorney or have the court appoint one.

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.

To make a Marsden motion, you can simply speak up in court to the judge and clearly state that you are making a Marsden motion and request a substitution of counsel. Be prepared to answer the judge's questions regarding the reasons why you want a new attorney appointed.

To win on a Marsden motion, the defendant must show that her attorney is providing inadequate representation, or that they have an irreconcilable conflict that would result in inadequate representation. This is a legal standard.

Proving legal malpractice in a criminal matter can be difficult, because courts tend to defer to attorneys. Thus, they presume that the accused attorney provided reasonable professional assistance to the former client.

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.

Pima Arizona Motion to have New Counsel Appointed - Marsden Motion

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

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FAQ

What is a Marsden hearing?

What is a Faretta hearing?

How do I file a Marsden motion in California?

How do you make a Marsden motion?

How do you beat a Marsden motion?

Why it is difficult for defendants to prove that their attorney was incompetent or that they received inadequate representation in the legal cases?

What is a Marsden motion in court?

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Pima Arizona Motion to have New Counsel Appointed - Marsden Motion

Description

Related forms

Viewed forms

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

Form popularity

FAQ

What is a Marsden hearing?

What is a Faretta hearing?

How do I file a Marsden motion in California?

How do you make a Marsden motion?

How do you beat a Marsden motion?

Why it is difficult for defendants to prove that their attorney was incompetent or that they received inadequate representation in the legal cases?

What is a Marsden motion in court?

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