California  |  Criminal Law

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7/27/10, 9:31 am

Legal Question


My son filed a Marsden Motion and the Judge denied the motion. I thought it was his right to fire his PD if not acting in his best interest? So how can the Judge deny this?


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7/27/10, 12:38 pm

Legal Answer


Your question calls for speculation. Maybe he did not file the motion properly. Or maybe the judge did not believe his claim that his attorney was not acting in his best interest. Maybe the judge was biased and didn't like him.

Anthony Roach

Law Office of Anthony A. Roach 18563 Clark Street #107 Tarzana, CA 91356-3439

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7/28/10, 11:04 am

Legal Answer


Your son has the right to have an attorney represent him. When an attorney is appointed to represent him, he does not have the right to select that attorney. The only way he can fire the public defender is if he represents himself, a very bad idea, or he hires a private attorney to represent him.

Lyle Johnson

Lyle W. Johnson Attorney at Law 152 N. Third Street, Suite 510 San Jose, CA 95112

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