Legal Question in Criminal Law in California

Changing Court Appointed Attorney

Is it possible to change my federal criminal court appointed attorney. He is doing nothing and my case is coming up soon. Please tell me if there's a process I can do to accomplish this. Thanks, Nancy


Asked on 8/08/05, 2:05 am

3 Answers from Attorneys

Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: Changing Court Appointed Attorney

I would ask to speak to your lawyer's supervisor.

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Answered on 8/08/05, 12:58 pm
Reza Bayat Metroform Legal Group

Retain a Private Attorney

If you want aggressive representation, retain a private attorney. If you don't like your current public defender, maybe it's because he's got no good reason to defend you passionately. Maybe it's the pile of files on his desk that he wants gone...or maybe it's the low pay he receives. You get what you pay for. (323) 428-6060

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Answered on 8/08/05, 7:12 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Changing Court Appointed Attorney

In California courts it would be a Marsden hearing. This case was based on the decision in Wainwright (1963) 372 U.S. 335 [9 L.Ed.2d 799, 83 S.Ct. 792, 93 A.L.R.2d 733]. That case held that a criminal defendant had the right to be represented by an attorney, and the one must be appointed to represent the defendant when he is unable to afford to retain an attorney. Further that the defendant has the right to be represented by a compentent attoreny. A motion to determine whether the attorney is compentently representing the defendant would be proper. You must be able to give specific examples of what the attorney is doing or more commonly not doing that would be required for you to have adequate representation.

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Answered on 8/08/05, 3:15 am


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