When will substitute counsel be appointed in a criminal case?

California, United States of America


The following excerpt is from People v. Smith, 25 Cal.Rptr.2d 122, 6 Cal.4th 684, 863 P.2d 192 (Cal. 1993):

[6 Cal.4th 696] We stress, therefore, that the trial court should appoint substitute counsel when a proper showing has been made at any stage. A defendant is entitled to competent representation at all times, including presentation of a new trial motion or motion to withdraw a plea. For the reasons identified in People v. Fosselman, supra, 33 Cal.3d at pages 582-583, 189 Cal.Rptr. 855, 659 P.2d 1144, justice is expedited when the issue of counsel's effectiveness can be resolved promptly at the trial level. In those cases in which counsel was ineffective, this is best determined early. Thus, when a defendant satisfies the trial court that adequate grounds exist, substitute counsel should be appointed. Substitute counsel could then investigate a possible motion to withdraw the plea or a motion for new trial based upon alleged ineffective assistance of counsel. Whether, after such appointment, any particular motion should actually be made will, of course, be determined by the new attorney.

Other Questions


What is the test for a motion to appoint a substitute counsel in a criminal case? (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)
How have appointed counsel dealt with the issue of appointed counsel filing an opening brief in a personal injury case? (California, United States of America)
What is the test for substitute counsel in a criminal case? (California, United States of America)
What is the legal test for the withdrawal or substitution of counsel in a criminal case? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
What is a defendant's duty of counsel in a criminal case to instruct a jury on the principles of law relevant to their understanding of the case? (California, United States of America)
What is the test for substitute appointed counsel in a personal injury case? (California, United States of America)
How has the court dealt with a motion to substitute counsel for a defendant in a criminal case? (California, United States of America)
What is the test for substitute counsel in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.