Marsden Motion PDF Form
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What is a Marsden motion?
A Marsden Motion is a request by a criminal defendant to fire his or her appointed public defender and acquire new representation. The defendant must show that the appointed attorney is not providing adequate representation, or the attorney has a conflict with the defendant.
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What is a faretta motion?
A Faretta motion is a petition you file with the court seeking permission to represent yourself (to act as your own attorney) in a felony or misdemeanor criminal proceeding. This is commonly referred to as going “pro per.”
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How do you write a legal motion?
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
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How to write a Marsden motion?
General Procedure. You may make a Marsden motion orally, by clearly stating before the trial judge that you want a substitution of attorney. You are not required to submit a formal legal motion, but you must make a clear indication that you want to discharge your legal counsel and acquire a new attorney.
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What is a Marsden motion?
A Marsden Motion is a request by a criminal defendant to fire his or her appointed public defender and acquire new representation. The defendant must show that the appointed attorney is not providing adequate representation, or the attorney has a conflict with the defendant.
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How do you make a Marsden motion?
General Procedure You may make a Marsden motion orally, by clearly stating before the trial judge that you want a substitution of attorney. ... One way to ensure your request is clearly expressed is by submitting a written motion.
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How do you win a Marsden motion?
The court must question both the defendant and usually the current attorney in order to rule on the motion. A ruling cannot be based on the judge's personal confidence in the attorney, observations of the attorney's previous courtroom conduct, or ex parte communications with other participants.
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