Legal Question in Criminal Law in California
How do you fire your public defender and request a state appointed attorney?
6 Answers from Attorneys
Public Defenders are state appointed attorneys. If you financially qualify, the court appoints an attorney to represent you. That is usually the public defender's office.
and in the event you're unhappy with your appointed attorney, the mechanism to get a different one appointed is a Marsden Motion, if there is actually an ineffective assistance issue ... often it seems people think there is when in actuality there is not. Good luck!
Piling on:
You HAVE a state appointed attorney now - the Public Defender, paid for by all our taxes. If you can prove to the judge that PD is actually 'ineffectively representing' you, then a new one can be substituted. Neither will be too fond of you.
If you are complaining because you are treated like a number, without personal attention or concern about your every wish, it is because you are one of dozens of defendants on his calendar THAT DAY. To get personal attention, you can hire private counsel. That is what people pay them to provide.
Next time you are in court you the judge or the public defender that you want to make a Marsden motion. Then the judge will order everyone out of the courtroom except for the court staff, you, and the public defender. The judge will then ask you why you want the public defender removed and he/she will also ask the public defender to respond. Then the judge will make a decision as to whether the public defender has either been incompetent or whether there is a total break down in communication. If the judge rules in your favor the judge will appoint another attorney.
One more note, if the next time you are in court is scheduled to be your trial date you should immediately call the public defender and ask him/her to put it on calendar as soon as possible so that you can make a Marsden motion.
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