Does a court have authority to remove counsel from an indigent criminal defendant?
California, United States of America
The following excerpt is from Magana v. Superior Court of San Mateo Cnty., 22 Cal.App.5th 840, 231 Cal.Rptr.3d 882 (Cal. App. 2018):
People v. Cole (2004) 33 Cal.4th 1158, 1187, 17 Cal.Rptr.3d 532, 95 P.3d 811.) A trial court's authority to remove counsel does not depend on whether he or she is retained or is appointed counsel representing an indigent criminal defendant. ( People v. Strozier (1993) 20 Cal.App.4th 55, 62, 24 Cal.Rptr.2d 362 [holding that "the court had the right to remove appellant's privately retained counsel"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)
Can a criminal defendant move for the removal of appointed counsel and the appointment of new counsel? (California, United States of America)
In what circumstances will the Court of Appeal refuse to appoint counsel for an indigent criminal defendant whose appeal lacks merit? (California, United States of America)
Does the court have any authority to substitute retained counsel for a defendant's own counsel? (California, United States of America)
Does a judge have any authority or authority to bar a district attorney from assisting in the selection of counsel for an indigent defendant? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
Is there any case law in which the court has allowed appellate counsel to represent an indigent criminal defendant in his first appeal? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
How have courts considered a defendant's claim that the court erred in failing to stay a sentence pursuant to section 654 of the Criminal Code? (California, United States of America)
Is an appointed appellate counsel's duty to prosecute an indigent criminal defendant's first appeal as of right? (California, United States of America)
