Legal Question in Criminal Law in California

can i ask for a new public defender if I don't like the one that is representing me


Asked on 9/15/09, 9:44 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Ordinarily, you get whatever attorney is assigned to you from the Public Defender's office. If you have some sort of substantial conflict with the one you have, you can ask for a Marsden hearing. There, you can air your grievance with the judge in a confidential setting (meaning the DA can't listen to your complaints and discussions about the case). If the judge finds that your attorney needs to be replaced, they can make that call.

Discuss your issues with your public defender FIRST. There may just be some things that need to be discussed.

The judge won't replace your public defender just because you don't "like them."

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Answered on 9/15/09, 10:03 am


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