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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.
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