i have been fighting my case sense nov.2008. my public defender does not know what he is doing. this is my freedom and i need help.?

Asked 9/22/2009 under Criminal Defense | 249 View(s) | More Legal Topics

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Criminal Defense Law Answers

Michael L. Becker, Esq, / Law Offices of Miller & Becker Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

You  can also request a Marsden hearing, where you verbally explain to the court why you feel your attorney is not providing you with adequate representation.  The prosecutor will be ordered to leave the courtroom during this hearing.  It may just be simpler to hire your own attorney, and avoid requiring the court to get involved.  Of course, you would have to pay to hire your own attorney, unless you can find someone willing to handle your matter pro bono. 

You can request a hearing for substitution of your court appointed counsel; in California this is known as a "Marsden Hearing".  That means that you can get a different public defender to represent you if you can convince the judge at the hearing that this is necessary. 

To seek a hearing for substitution of counsel, the defendant should write a letter to the judge, requesting a meeting with him regarding appointed counsel.  A copy should be sent to both the lawyer that he wants removed and the prosecutor.  Make sure both copies and the original (which goes to the judge) are sent certified mail; the defendant also needs to keep a copy for himself.  This letter should state that he wants his present attorney removed from his case and why.  He needs to list all problems that he is having with his attorney.  The letter should be kept short and to the point.  Be sure that it is truthful, the defendant does not want to jeopardize his position before the judge by stretching the truth.

Additionally, you can contact legal aid and see if they would take your case; if not, ask if they know of an attorney that will volunteer to do it "pro bono" (for free).  Many times the county Bar Association keeps lists of pro bono attorneys.

Best of luck.

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