Legal Question in Criminal Law in California

Marsden motion

How would I go about filing a marsden motion against my public defender I don't have the money to hire my own attorney and the public defender that I was assigned to just does not seem to have the experience and knowledge on how to handle my very serious case. I have a grand theft with 2 priors and also have a home invasion charge. Can you please give me some advice

Asked on 2/19/08, 3:18 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Marsden motion

Marsden motions are typically made orally. You should tell your PD that you want to make one, and he will inform the court. You, the PD and the judge will then discuss it in chambers, without the prosecutor. The court reporter will be there but the transcript of that hearing will not be given to the prosecutor unless and until you challenge the ruling (typically as part of an appeal).

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Answered on 2/19/08, 4:07 pm

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