Legal Question in Criminal Law in California

public defender's neglect of case

My public defender has not returned any of my calls for 3 weeks. I finally spoke w/ her and was told she already has prepared my motion to surpress evidence w/o even speaking with me. I read it over and she left out alot of the main issues that I know the police had made mistakes on. I have to go into court with this motion that I feel is not acceptable. I would not have filed the motion w/ the reasons she drew up. I know I will lose w/ the way she has presented the information. What if anything can be done? Can I fire her? Can she file a new motion or get an extension or something?


Asked on 6/28/05, 1:46 pm

1 Answer from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: public defender's neglect of case

In order to get a new public defender you have to be able to show that there is a conflict, often because there has been a break down in communication and you can't work together. The motion to the court you would make is called a Marsden Motion. If you make the motion you will then have a hearing with just you and your lawyer where you will have show to the judge that you should be appointed a different lawyer.

You can hire and attorney and the that attorney can come in at any point unless it's too close to the date of trial and appears to be just a stall tactic.

I hope that answers your questions. Good luck.

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Answered on 6/28/05, 1:59 pm


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