: a lawyer chosen by a court to defend someone who has been accused of a crime The defendant will be represented by a court-appointed attorney.
To win on a Marsden motion, the defendant must show that her attorney is providing inadequate representation, or that they have an irreconcilable conflict that would result in inadequate representation. This is a legal standard.
Proving legal malpractice in a criminal matter can be difficult, because courts tend to defer to attorneys. Thus, they presume that the accused attorney provided “reasonable professional assistance” to the former client.
A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.
A Romero Motion is a request to have a prior conviction that was designated as a strike to be treated as a non-strike so that any sentence imposed for your current offense is not enhanced.
A “Serna motion” is a legal motion to dismiss misdemeanor or felony charges because the defendant was denied their constitutional right to a speedy trial, which violates California's fast and speedy trial law.
To prove ineffective assistance, a defendant must show (1) that their trial lawyer's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v.
A conflict of interest means a situation where your separate duties to act in the best interests of two or more clients in the same or a related matter conflict. For this situation to happen, you must be currently acting, or intending to, act for two or more clients.
Proving the Right to Adequate Representation Was Violated In order to prove this, the defendant must show: Their lawyer's job performance was deficient (i.e. the lawyer made errors so serious that they didn't function as the counsel guaranteed by the Sixth Amendment); and.
With respect to the prejudice prong, a defendant must show that "counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." That is, a defendant must show that there was "a reasonable probability that, but for counsel's unprofessional errors, the result of the ...
A Faretta hearing is when the judge rules on the defendant's motion to go pro per. If the motion is granted, the defendant waives the right to counsel and represents himself or herself in a criminal proceeding. If the judge denies the motion, then the defendant must hire an attorney or have the court appoint one.
1. What is required under California Penal Code Section 1368? Under California law, this code section requires the judge presiding over a criminal case to do two things if he/she believes a defendant is mentally incompetent.