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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 11 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.
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