Is a defendant entitled to a substitute attorney when he withdraws his plea to withdraw his plea?

California, United States of America


The following excerpt is from People v. Brady, H045210 (Cal. App. 2018):

4. People v. Marsden (1970) 2 Cal.3d 118. "[A] trial court is obligated to conduct a Marsden hearing on whether to discharge counsel for all purposes and appoint new counsel when a criminal defendant indicates after conviction a desire to withdraw his plea on the ground that his current counsel provided ineffective assistance . . . when there is 'at least some clear indication by defendant,' either personally or through his current counsel, that defendant 'wants a substitute attorney.' " (People v. Sanchez (2011) 53 Cal.4th 80, 89-90.)

Other Questions


When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
In what circumstances will a defendant withdraw a plea in a motion to withdraw the plea if he believes he would not have entered the plea otherwise? (California, United States of America)
Can a defendant substitute another attorney for a substitute attorney? (California, United States of America)
Is a defendant entitled to a reversal of his guilty plea and an opportunity to withdraw his plea? (California, United States of America)
Can a defendant withdraw a guilty plea and substitute it with a not guilty plea? (California, United States of America)
Can a defendant withdraw his guilty plea and withdraw his plea to reduce his sentence? (California, United States of America)
Is a defendant entitled to a motion to withdraw his plea that the trial court misadvised him as to the consequences of his plea? (California, United States of America)
When can a defendant withdraw a no contest plea by asking to withdraw a plea based on ineffective assistance of counsel? (California, United States of America)
Can a defendant withdraw a plea of guilty and enter a not guilty plea? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.