How can I get out of representing myself?

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How can I get out of representing myself?

Court appointed attorney kept pushing me to take a deal in which I did not. I would be serving time and I am innocent. I tried a Marsden hearing and was denied. My lawyer was upset and still tried to push me into taking a deal. At trial readiness, I asked for a different lawyer and tried explaining the situation to the judge. He denied my request so I opted to go pro se. They gave me no assistant counsel and won’t let me out of representing myself. I am looking at 3 years in prison for something I did not do and just wanted an attorney who would be vigorous in defending me.

Asked on September 7, 2011 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should hire your own legal counsel and not count on one being appointed to you in court. Those individuals have huge dockets and very little time to give personal attention to your matter. Talk to family and friends and see if they would help you get private legal counsel. The first thing this lawyer would do based on what you indicated above is to seek to have this judge dismissed as overseeing your trial and move you to another judge because what that judge did was deny you your rights. A complaint to the chief judge for that court may also be appropriate but one step at a time. Next thing should be a continuance to allow you to have your new lawyer prepare and file any and all necessary motions, including any to have the matter dismissed for lack of probable cause.


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