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You can make a Marsden motion at any time during the criminal trial. There are no forms to be filed or paperwork to be completed. All the defendant has to do is speak up and say that he wants a new attorney.
WHAT IS A MARSDEN MOTION? A Marsden mo�on is a criminal defense mo�on made by a Defendant in a criminal case to discharge his/her court appointed atorney (public defender or private defender panel atorney), and subs�tute new counsel.
The trial court does have discretion to deny a Marsden motion in the absence of a sufficient showing that a defendants right to counsel would otherwise be substantially impaired. People v Walker (1976) 18 C3d 232, 238.
A Marsden Motion is a request by a criminal defendant to fire his or her appointed public defender and acquire new representation. The defendant must show that the appointed attorney is not providing adequate representation, or the attorney has a conflict with the defendant.
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