Legal Question in Criminal Law in California

Unhappy with Court Appointed attorney.

My husband has been appointed an attorney whom is impossible to contact or make an appointment with. He has gone to court appointments and spoken with this man who is supposed to represent him, and has asked him to access the Sherrif dispatch tapes related to the arrest. I sent certified letters to the Sherrifs office, county clerk, and the DA's office asking that these tapes not be destroyed, immediatly following his arrest. His Attorney has continually postponed precedings, with his explaination to the judge that he was attempting to obtain this evidence. At the last court apperaance, he acted as if he were uanaware of this evidence, and told my husband that there were no tapes. I firmly believe that these tapes are essential evidence related to this case, and that this attorney is not acting at all in my husbands bet interest. Can, and how, can we request we to have him dropped from this case? What are our options, we don't have any money to retain a private attorney! Thank - You.


Asked on 7/17/00, 7:32 am

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: Unhappy with Court Appointed attorney.

You can ask the court to hold a hearing to determine whether the attorney should be discharged and a new attorney appointed. This is called a "Marsden hearing". The hearing takes place outside the presence of the district attorney. The court will then decide if replacement of the attorney is justified. As to the tapes, law enforcement agencies are required to maintain them for 100 days, or longer if they have been subpoened or the court orders that they be preserved.

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Answered on 9/09/00, 10:39 pm


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