Can a defendant substitute counsel for a different counsel on the eve of trial?

California, United States of America


The following excerpt is from People v. Arana, B282544 (Cal. App. 2018):

On March 29, 2017, six days before trial, defendant asked the court to substitute different counsel. The court conducted a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118. Defendant expressed concern that his appointed counsel was not looking out for his interests. Defense counsel said defendant had been reluctant to speak with her, particularly when she tried to explain the case was going to be difficult in light of the videotape evidence, and his prior strike meant he faced significant exposure.

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
Does a loss of confidence in the counsel of a defendant compel the trial court to appoint a substitute counsel? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Is a defendant deprived of his constitutional right to effective assistance of counsel when a trial court denies his motion to substitute one appointed counsel for another? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Does substitute counsel violate a defendant's right to effective assistance of counsel? (California, United States of America)
When a defendant makes a motion for a new trial alleging inadequacy of counsel, does the court have to appoint a new counsel? (California, United States of America)
Can a defendant who is not represented by counsel participate in the conduct of the trial during the trial? (California, United States of America)
Is there any case law where a defendant's trial counsel was incompetent for not arguing at trial that the prosecutor's decision to seek the death penalty was based on a lack of guidelines in the district attorney's office? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.