You cannot fire your son's attorney (but you can tell that attorney that you cannot pay him any longer). Only your son could actually fire his attorney, because the attorney-client relationship is between the attorney and your son.
Full Answer
Dear Mr. Lawyer, I have decided to terminate our current legal relationship immediately and have accepted legal counsel elsewhere. I am terminating this relationship because I have been calling your office for three months and have received no updates on my case status.
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant.
A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.
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.
In other words, a Faretta motion is a petition criminal defendants file with the court that seeks permission to represent themselves, acting as their own attorney in a criminal proceeding. In the legal industry, this is commonly called “going pro per.”
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.
Competency Hearings and PC 1368 In certain circumstances, a judge can order a competency hearing under PC 1368. Generally, a judge orders this hearing if they have reason to believe a defendant is incompetent to stand trial.
A Romeo motion is filed by the defense asking the court to remove a prior "strike" conviction. A Romero motion is where a defendant asks the court to remove or “strike” a prior strike conviction so it won't be used as a sentencing enhancement.
A 995 motion is an appeal of the preliminary hearing judge's decision to set the case for trial and often called a "motion to set aside the information.” Typically, a judge will grant the motion if they find there were insufficient legal grounds to hold the defendant over for trial.
The trial judge must first conduct a Nelson1 inquiry to determine whether trial counsel has in fact been ineffective. As part of this hearing, the judge should inquire of both the defendant and the court-appointed counsel about the circumstances surrounding the complaint.
If you wish to remove your attorney, you'll have to request a Marsden Hearing. During this time, a judge will listen to a defendant describe the reasons why he or she believes their counsel is not qualified or able to defend them.
California also allows an attorney defend a public defender. A state court can ask to remove the attorney but can also appoint another attorney if the law provides that an attorney appointed by your state is entitled to an effective defense, but can ask the judge to remove the.
If you wish to remove your attorney, you'll have to request a Marsden Hearing. During this time, a judge will listen to a defendant describe the reasons why he or she believes their counsel is not qualified or able to defend them.
The trial judge must first conduct a Nelson1 inquiry to determine whether trial counsel has in fact been ineffective. As part of this hearing, the judge should inquire of both the defendant and the court-appointed counsel about the circumstances surrounding the complaint.