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d4rlest1 · Jan 10, 2009, 10:26 PM

My fiance's public defenders approach to defense is to do what the district attorney's office says! We need to relieve him of his "burden" but we don't know what motion to request of the judge... we we're told a "marsden motion" but can't find info to confirm if this is valid... Help!! Please :(

stevetcg · Jan 11, 2009, 05:41 AM

The judge doesn't expect you to be an expert. Just go see him and tell him your concerns. He will tell you what you need to do. The court clerk might also be able to help.

excon · Jan 11, 2009, 06:03 AM

Hello d:

I don't know about no marsden thing... But, you're making it MORE complicated than it needs to be...

Simply WRITE him a letter firing him, and telling him why... Send a copy to the judge and another to the prosecutor. Send your letters CERTIFIED, return receipt requested...

If your reasons are valid, you should get another lawyer appointed to your case.

excon

Fr_Chuck · Jan 11, 2009, 09:23 AM

Can you give us some examples of what they are doing that is just following what the DA says.

twinkiedooter · Jan 11, 2009, 09:43 AM

If you have the money hire a private criminal attorney. With another public defender you are just probably going to get more of the same behavior out of the next one. You just can't pick a public defender and keep getting another one if you don't like the next one. A judge will give you another PD but that's it. The next lawyer (#3) will be on YOU at your expense.

You need to give us some more information like Chuck says above to help us determine if you need another PD or a private criminal attorney.

katgrove · Jan 11, 2009, 05:07 PM

Hire a lawyer. I was appointed a public defender and I eventually got a lawyer and I told the public defender. Hiring a lawyer is the smartest thing you can ever do when you have to go to court!