Legal Question in Criminal Law in California

I have a public defender in a misdemeanor criminal case who has utterly failed to communicate with me over the four months since my last hearing. The pre-trial conference is tomorrow (I only found about THAT by calling the PubDef Main office).

-Can I file a Marsden Motion and reasonably expect to get a court-appointed attorney based on the PubDef's LACK of action?

-Can I reasonably expect to get a continuance motion granted if the Marsden motion is granted?


Asked on 2/12/18, 7:55 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The PD is your court appointed attorney. Your realistic option at this late date is to tell the judge your story and request a continuance of the hearing and maybe the assignment of a new PD on your case. Don't expect a warm reception from the Judge or PD office, or much different treatment by the new PD if one is assigned, they generally don't "communicate" [i.e. 'hold hands' the way private retained counsel does] with defendants except on the day of most hearings prior to trial unless it is a unique case that requires specialized preparation. A PreTrial does NOT require that, as it is not a contested hearing, but a time for defendant to respond to a DA plea offer. If you want to try to practice law yourself, you could discharge the PD and go Pro Se. That would of course carry a risk, since you say you didn't remember the PreTrial date even though the judge made that an order and asked if you understood when you were in court on the last appearance. Before doing any of this, you should discuss the situation with the PD who appears at the hearing.

Read more
Answered on 2/14/18, 8:56 am


Related Questions & Answers

More Criminal Law questions and answers in California