Legal Question in Criminal Law in California

Re: how do i fire my public defender leagaly so the judge has to apoint new counsoul

If you are indigent and can't afford an attorney you have the right to have an attorney appointed for you. You don't have a right to a particular attorney or the attorney of your choice. A "Marsden Motion" is the vehicle to tell the court that you and your attorney have an conflict that cannot be resolved which rises to the level of a denial of effective assistance of counsel. You are entitled to have a hearing on that issue and Court decides whether to appoint a new attorney for you.

As you know, public defenders are very busy and aren't always aware that a particular client's needs aren't being met. You may want to try to explain your concerns to your attorney first, and see if you can resolve your differences. You want both you and your attorney's energy to be spent on fighting your case not each other.

Good luck,

Re: how do i fire my public defender leagaly so the judge has to apoint new counsoul

If you are indigent and can't afford an attorney you have the right to have an attorney appointed for you. You don't have a right to a particular attorney or the attorney of your choice. A "Marsden Motion" is the vehicle to tell the court that you and your attorney have an conflict that cannot be resolved which rises to the level of a denial of effective assistance of counsel. You are entitled to have a hearing on that issue and Court decides whether to appoint a new attorney for you.

As you know, public defenders are very busy and aren't always aware that a particular client's needs aren't being met. You may want to try to explain your concerns to your attorney first, and see if you can resolve your differences. You want both you and your attorney's energy to be spent on fighting your case not each other.

Good luck,

Re: how do i fire my public defender leagaly so the judge has to apoint new counsoul

If you hire a lawyer, the lawyer will file a substitution of attorney, and the public defender will be off the case.