How do I file for a motion for ineffective counsel myself? 13 Answers as of November 04, 2012

It's a misdemeanor for theft by lost or misplaced. My public defender does not contact me at all. It's been a year. The accusations are false. I asked for transcripts and the video of the crime. I haven't received a copy yet.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
There is a motion for replacement of your counsel or you can apply orally in court by telling the judge the grounds for your request. Your next public defender will also not visit you in jail or return your calls, they usually only talk to clients in court, which is fine since that is sufficient to let you know what is going on, what your options are, and what he recommends. If you want a full service lawyer you must retain private counsel and he will spend more time talking to you and preparing the case, for a fee of $300 per hour.
Answer Applies to: New York
Replied: 11/4/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Just let the court know you wish to fire the lawyer representing you. Go retain private counsel, as the judge will probably deny you a new public defender. You need to realize that you are not this lawyer's only client, and that cases sometimes drag through the court system slowly. Public defenders are the most busy defenders in the courtroom, you are lucky to have been appointed one in the first place. You only file for ineffective representation by counsel if you are filing for a new trial or an appeal after a finding of guilt in a trial.
Answer Applies to: Illinois
Replied: 10/24/2012
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
It depends. If your case is still pending (and assuming you're in California) then you need to make a Marsden motion. You don't need to file any paperwork in advance, you just need to inform the judge when you go to court that this is what you want. The judge will conduct a closed door hearing with you and your public defender to determine whether or not your counsel should be replaced or not. If your case is post-conviction (i.e., you either pled guilty or were found guilty after trial), then you need to file an appeal. Your public defender can assist with this. Bear in mind that there are deadlines as to when you can file a notice of appeal, so if this is your situation, don't wait.
Answer Applies to: California
Replied: 10/24/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
You need to tell the court that your public defender has not talked to you and ask the court to relieve the PD's office and appoint other counsel. This is called a Marsden motion.
Answer Applies to: California
Replied: 10/24/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
What stage are the proceedings at? Are you waiting to go to trial? Have you already been convicted? If you have not been convicted, you cannot file motion for ineffective assistance of counsel, and there probably is no transcript. If you have been convicted, then you maintaining the accusations are false means nothing because the judge or jury have spoken.
Answer Applies to: Georgia
Replied: 10/24/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I don't know why it has taken as long as it has, but that does not necessarily mean that you have "ineffective counsel". He/She can't be doing that bad of a job if you have not been convicted of the charges.
    Answer Applies to: Washington
    Replied: 10/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You get what you pay for. And filing such a motion is useless, because they're simply replacing the PD now with another equally incompetent PD.
    Answer Applies to: California
    Replied: 10/24/2012
    Prater, Duncan & Craig, LLC
    Prater, Duncan & Craig, LLC | John D Duncan
    Ineffective assistance of counsel claims are typically not ripe until/unless you are convicted. What you might need to do is motion for new counsel, but if you are using a public defender already you might not have much luck in that department. You must understand that the average public defender is overworked for the amount of cases he or she is handling, so phone calls might not get quickly returned simply because there are not enough hours in the day. And just because you don't hear from your PD does not mean they are ignoring your case. Keep calling, and if all else fails, stop by the office and try to catch them.
    Answer Applies to: Georgia
    Replied: 10/24/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You file a pro per motion in the court. This is if the matter has not been to trial.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You can only claim ineffective assistance of counsel after a conviction. It sounds like you just want a new lawyer - assuming your case is still open. Either hire a lawyer or ask the Judge to assign someone else - you will need a good reason though.
    Answer Applies to: New York
    Replied: 10/24/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    File an appeal of the conviction with the Superior Court alleging ineffective assistance of counsel. There are time limits and you may be too late at this point.
    Answer Applies to: Washington
    Replied: 10/24/2012
    Mary W Craig P.C. | Mary W Craig
    Write the judge who appointed the public defender, and send a copy to the lawyer. Explain to the judge that you have had no contact with your lawyer, that you have asked for records but haven't gotten them, and politely ask the judge if you could have another lawyer. The judge probably will not answer you, but this may get your PD off dead center.
    Answer Applies to: Alabama
    Replied: 10/24/2012
    Attorney at Law | Michael P. Vollandt
    If the case is still active and at pretrial stage just fire your PD and hire a lawyer. If you can not afford one in California you need to file a "Marsden" motion to get the PD off the case.
    Answer Applies to: California
    Replied: 10/24/2012
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