A Marsden motion is a formal request made by a criminal defendant to the court, asking to replace their attorney. This request arises when the defendant believes their current lawyer is not providing adequate representation or when there is a serious conflict between the defendant and their attorney that could lead to ineffective legal assistance.
Marsden motions are primarily used in criminal law cases. Defendants may file these motions when they feel their attorney is not fulfilling their duties effectively. This can include situations where the attorney fails to communicate adequately, does not follow the defendant's wishes, or when personal conflicts hinder the attorney's ability to represent the defendant's interests. Users can find legal templates for Marsden motions through US Legal Forms, which can assist in drafting these requests appropriately.
Here are a couple of examples of abatement:
(hypothetical example) A defendant may file a Marsden motion if their attorney fails to communicate critical information about the case, leading the defendant to feel unprepared for trial. In another scenario, if a defendant and their attorney have a personal disagreement that affects their relationship, the defendant might seek to change representation through a Marsden motion.
The concept of Marsden motions originates from the case People v. Marsden (1970) 2 Cal.3d 118. Other relevant cases include People v. Barnett (1998) 17 Cal.4th 1044, which discusses the criteria for granting such motions, and People v. Mayfield (1997) 14 Cal.4th 668, which outlines the standards for assessing attorney performance.
| State | Notes |
|---|---|
| California | Follows the Marsden standard for motions to discharge counsel. |
| New York | Similar motions are called "application for substitution of counsel." |
| Texas | Allows for motions to replace counsel but may have different procedural requirements. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Marsden motion | A request to discharge an attorney due to inadequate representation or conflict. |
| Substitution of counsel | A broader term for replacing an attorney, which may not require showing of conflict. |
| Motion for continuance | A request to postpone a court hearing, not related to attorney representation. |
If you believe you need to file a Marsden motion, consider the following steps:
In complex cases, seeking professional legal help is highly recommended.
Browse our library of 85,000+ state-specific legal templates.