Legal Question in Criminal Law in California

Re: Marsden Motion

Your brother can make the request orally next time he appears in court. If he is not scheduled to be in court soon, he can write a letter to the judge requesting that the court hold a Marsden hearing.

He should discuss this matter with another attorney, with experience in criminal law. Sometimes, even when the person is innocent, taking the plea bargain is the smart move. One has to look at the offer and the sentence that could be given after a trial. Many individuals in your brothers position find themselves in this position and go to trial. They are found guilty and receive a substantially longer sentence. Two examples, A was offered a year is county jail. A refused to plead guilty as he was innocent. The first trial was a mistrial. However, the jury in the second trial found him guilty and he was sentenced to 14 years in state prison. B was offered 80 hours of public service hours for his sentence and refused to accept it because he was not guilty. He was convicted and sentenced to 4 years in state prison. Both of these parties paid a high price for insisting on their day in court.

Re: Marsden Motion

your brother may have several options here, however, we would need more detailed information from one of you regarding the case. if you would like a free phone consultation, email us today with your contact information.