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 San Bernardino, California Motion to have New Counsel Appointed, commonly referred to as a Mars den motion, is a legal procedure intended to request a change in defense counsel for criminal defendants in the San Bernardino County court system. This motion is typically filed when a defendant believes their current attorney is ineffective or there is a breakdown in communication and trust between the attorney and client. The Mars den motion takes its name from the landmark California Supreme Court case, People v. Mars den, which established the right of a defendant to request the appointment of new counsel. The court held that a defendant is entitled to new counsel if they can demonstrate "good cause" for the change. There are a few different types of Mars den motions that can be filed in San Bernardino, California. Here are some examples: 1. Mars den Motion Based on Ineffective Assistance of Counsel: This type of motion is filed when a defendant believes their current attorney has provided inadequate representation, such as a failure to investigate, communicate, or present a strong defense. The defendant must present specific examples of the attorney's incompetence to support their claim. 2. Mars den Motion Based on Conflict of Interest: This motion is filed when there is a conflict of interest between the attorney and defendant, which may compromise the attorney's ability to represent the defendant effectively. For instance, if the attorney has a personal or professional relationship with a key witness or the prosecution, it could affect their impartiality and loyalty to the defendant. 3. Mars den Motion Based on Breakdown of Trust: This type of motion is filed when there has been a breakdown in the attorney-client relationship, resulting in a lack of trust and effective communication. It may be due to personal differences, differences in legal strategy, or other reasons that hinder the attorney's ability to effectively represent the defendant. When filing a Mars den motion in San Bernardino, California, it is crucial to provide relevant and specific reasons supporting the request for new counsel. The defendant should document instances of ineffective assistance, conflicts of interest, or breakdowns in trust, ensuring the court understands the necessity of a new defense attorney. This motion is an essential mechanism for safeguarding a defendant's constitutional right to adequate representation during criminal proceedings in San Bernardino.A San Bernardino, California Motion to have New Counsel Appointed, commonly referred to as a Mars den motion, is a legal procedure intended to request a change in defense counsel for criminal defendants in the San Bernardino County court system. This motion is typically filed when a defendant believes their current attorney is ineffective or there is a breakdown in communication and trust between the attorney and client. The Mars den motion takes its name from the landmark California Supreme Court case, People v. Mars den, which established the right of a defendant to request the appointment of new counsel. The court held that a defendant is entitled to new counsel if they can demonstrate "good cause" for the change. There are a few different types of Mars den motions that can be filed in San Bernardino, California. Here are some examples: 1. Mars den Motion Based on Ineffective Assistance of Counsel: This type of motion is filed when a defendant believes their current attorney has provided inadequate representation, such as a failure to investigate, communicate, or present a strong defense. The defendant must present specific examples of the attorney's incompetence to support their claim. 2. Mars den Motion Based on Conflict of Interest: This motion is filed when there is a conflict of interest between the attorney and defendant, which may compromise the attorney's ability to represent the defendant effectively. For instance, if the attorney has a personal or professional relationship with a key witness or the prosecution, it could affect their impartiality and loyalty to the defendant. 3. Mars den Motion Based on Breakdown of Trust: This type of motion is filed when there has been a breakdown in the attorney-client relationship, resulting in a lack of trust and effective communication. It may be due to personal differences, differences in legal strategy, or other reasons that hinder the attorney's ability to effectively represent the defendant. When filing a Mars den motion in San Bernardino, California, it is crucial to provide relevant and specific reasons supporting the request for new counsel. The defendant should document instances of ineffective assistance, conflicts of interest, or breakdowns in trust, ensuring the court understands the necessity of a new defense attorney. This motion is an essential mechanism for safeguarding a defendant's constitutional right to adequate representation during criminal proceedings in San Bernardino.
