Legal Question in Criminal Law in California

criminal law

what is a marsden motion? How can i file a marsden motion in california.


Asked on 6/29/09, 2:34 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Re: criminal law

A marsden motion is a request to the court to have your attorney taken off the case. Ususally a defendant who has a public defender or court-appointed attorney has a breakdown in communication, and the client feels the attorney is not doing their job and wants a new attorney assigned to their case. To ask for a marsden, usually all you have to do is tell your current attorney you want one, and then he'll let the court know. Then next time you're in court, the attorney must leave the court and you tell the judge why you feel your attorney is not doing their job and you deserve a new lawyer. Courts don't grant these alot, so you better have good grounds for such a motion to be granted.

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Answered on 6/29/09, 3:10 pm
David M. Wallin Law Offices OF David M. Wallin

Re: criminal law

A marsden motion is a request to the court to have your attorney taken off the case. Ususally a defendant who has a public defender or court-appointed attorney has a breakdown in communication, and the client feels the attorney is not doing their job and wants a new attorney assigned to their case. To ask for a marsden, usually all you have to do is tell your current attorney you want one, and then he'll let the court know. Then next time you're in court, the attorney must leave the court and you tell the judge why you feel your attorney is not doing their job and you deserve a new lawyer. Courts don't grant these alot, so you better have good grounds for such a motion to be granted.

Read more
Answered on 6/29/09, 3:10 pm


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