Can a defendant replace one or both of his attorneys?

California, United States of America


The following excerpt is from People v. Frederickson, 258 Cal.Rptr.3d 114, 457 P.3d 1, 8 Cal.5th 963 (Cal. 2020):

to People v. Marsden (1970) 2 Cal.3d 118, 84 Cal.Rptr. 156, 465 P.2d 44 ( Marsden ), asking the judge to replace one or both of his attorneys. The court conducted a Marsden hearing in chambers. Defendant explained that he had "zero confidence" in his two attorneys and that he did not want "that vigorous of a defense." He continued, "I want them to let me allow me to steer them away from certain witnesses that I dont want called onto the stand because of you know, I just I just dont want certain information coming out." Defendant clarified that he was concerned about information coming out in the penalty phase of the case, not the guilt phase. The court explained, "Well, youre here now facing just a preliminary hearing, where the People put on some of their evidence and the defense puts on nothing. So youre talking about way down the line at trial and then sentencing rights." Defendant replied that he wanted to waive the preliminary hearing and plead guilty. He acknowledged that his attorneys were not ineffective and that he was not yet

[457 P.3d 14]

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
Does a defendant have to proceed to trial with two attorneys, one of whom has been reappointed as a deputy public defender? (California, United States of America)
Is a defendant's lack of trust in his attorney sufficient to compel the trial court to replace him? (California, United States of America)
Does the Attorney General have any grounds to deny a defendant's ability to pay his attorney fees? (California, United States of America)
Does the Attorney General have an obligation to provide a good faith effort to obtain materials from a defendant's trial attorney? (California, United States of America)
What are the consequences of a court finding that a motion brought by Attorney Defendants against Defendant Kendall was "frivolous and/or intended to harass"? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.