California Law

UPDATED: Apr 18, 2009

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California Law

How do I file a motion for ineffective counsel?

Asked on April 18, 2009 under Criminal Law, California


S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

During prosecution, if you feel your Public Defender is ineffective, you should ask for a 'Marsden Hearing'. The Judge should have everyone but you and the PD vacate the courtroom and the Judge will decide if there really is 'incompetence' or negligence on the part of the PD, and whether the PD should be replaced by another PD/Alternate PD.

If you are filing after sentence was rendered, then you should use 'ineffective counsel' as a basis for appeal. Your Appellate Lawyer will know what elements must be proved in order to prevail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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