Get Legal Help Today
Secured with SHA-256 Encryption
How does a defendant make application to the court for a Nelson Hearing?
Asked on June 28, 2009 under Criminal Law, Pennsylvania
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
To seek a Nelson Hearing for substitution of counsel, the defendent 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.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.