What Is a Marsden Motion and How Can It Help Your Defense?

Your legal case can determine whether you are able to get a job in your career field in the future. It can impact how long you’re in probation, whether you go to jail, and if you have a felony on your record. Because of this, you need to make sure you get the best possible attorney for your case. If you currently aren’t sure about the quality or effectiveness of your legal assistance, a Marsen motion may be a good step.

Under the Sixth Amendment of the U.S. Constitution, you are given the legal right to an attorney. This right is important for your protection from overzealous prosecutors and the state. If you can’t pay for your own lawyer, an attorney must be provided to you instead.

However, the quality of court-appointed attorneys can vary. Often, these defense attorneys are overworked and have lengthy caseloads. As a result, you may want to switch lawyers at some point during your case.

To do this, you need to file something that is known as a Marsden motion. With a Marsden motion in California, you basically petition the court to switch out your attorney. You do this by filing your motion with the court. Then, a Marsden hearing is held so that the court can decide if it wants to grant you the motion or not.

The legal basis for this process stems from a 1970 case called People v. Marsden. In this pivotal case, the California Supreme Court determined that denying a request for a new lawyer shouldn’t have been done without having a hearing where the defendant could explain their reasoning.

First, you need to make an oral request or file a Marsden motion form in California. Because a Marsden motion may involve you talking about the case, your defense attorney should ask for the prosecutor to be out of the room while the request is made.

You can win a Marsden motion and get a new attorney for a few different reasons. Here are a few Marsden motion example grounds that have been used successfully in preceding cases.

• The attorney committed legal malpractice.
• You believe their counsel isn’t good enough or is simply ineffective.
• There has been a conflict between you and your attorney that makes proceeding together impossible.

If you want a new attorney, you have to file a Marsden motion. Unlike other states, the only way California lets you take on a new lawyer is through this motion.

Strictly speaking, you don’t have to have a lawyer in misdemeanor or felony cases. Additionally, the court isn’t required to appoint a new lawyer to your case if you file a Marsden motion. However, the court does have an option to appoint a new attorney if it wants to.

While California allows you to represent yourself, this generally isn’t a good idea. The legal system is intricate and complex, making it difficult to navigate for anyone who isn’t an experienced lawyer. In addition, many felonies can lead to years in prison. Even without significant jail time, having a record can impact your job, educational, and housing prospects for many years to come. Because of this, you should strongly consider getting legal representation if you are charged with any crime in the state of California.

If you file a Marsden motion, the court is required to have a hearing about it. During this hearing, you can express your reasoning for getting rid of your attorney. Once this is done, the next step is figuring out how you want to proceed with your case. Because of the major implications involved in a criminal case, it’s a good idea to get professional legal help before you move forward.

Learn more about your legal options by giving us a call today.