What is a Faretta motion?

Asked by: Everardo Donnelly  |  Last update: February 19, 2022
Score: 5/5 (63 votes)

A Faretta motion is a petition that criminal defendants file with the court seeking permission to represent themselves, that is act as their own attorney, in a criminal proceeding. This is commonly referred to as going “pro per.” The name of the motion comes from a Supreme Court case, Faretta v. California.

What is a Marsden motion in court?

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.

How do you beat a Marsden motion?

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.

What is a Marsden hearing?

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.

What is the importance of the ruling in Faretta v California?

6–3 decision for Faretta

The Supreme Court held that a defendant in a state criminal trial has the constitutional right to defend himself when he voluntarily and intelligently wants to do so. In this case, Faretta was deprived of that constitutional right.

Nelson v. Dolan Case Brief Summary | Law Case Explained

15 related questions found

What does the Supreme Court case of Faretta v California tell us about self representation?

Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.

What is a Faretta hearing in Florida?

A Faretta hearing is when the judge hears evidence concerning the Faretta motion and decides whether or not to allow the defendant to represent him or herself pro per. During the hearing, the judge will question the defendant to decide whether he is mentally competent to waive his right to counsel.

What is the Romero motion?

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.

What is a Serna motion?

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.

What is prejudice prong?

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 ...

What are the Boykin Tahl rights?

When a defendant enters into a “guilty” or “no contest” plea he or she must make a knowing and voluntary waiver of the right to a jury trial, the right to confront witnesses and the right against self-incrimination, otherwise the plea is not valid and unconstitutional.

How does a Pitchess motion work?

A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the ...

What is an Arthur hearing in Florida?

In Florida, an Arthur hearing may be held to see if the defendant should be granted a discretionary bond. ... The court will consider certain factors, such as the seriousness of the crime, the defendant's prior record and whether or not the defendant poses a flight risk or a danger to the community.

What is a conflict hearing?

Conflict resolution is an approach used by courts to help remedy various family law issues. ... In some cases, the court may act to provide protection for persons dealing with physical abuse, drug abuse, neglect, and other issues.

Can you fire a court appointed attorney in Texas?

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.

What is a Nelson hearing in Florida?

A Nelson hearing is a hearing to determine whether or not a court appointed attorney should be removed from a particular case. This happens in instances where the lawyer is deemed not to have given competent or adequate counsel in some way.

What is a 1538 motion?

1538.5 Motion – To Suppress Evidence in a California Criminal Case. ... If the court grants the motion to suppress evidence (that is, rules in favor of the defendant), then the prosecutor is barred from introducing the evidence in question at trial.

What is waiving your right to a speedy trial?

A defendant may waive his or her right to a speedy trial in the face of misdemeanor charges. This means that the defendant agrees to have a trial after the normal 30 or 45-day deadline. Even if a defendant waives time, however, the trial must start within 10 days after the trial date is set.

What is a 1382 form?

Penal Code 1382 PC is the California statute that requires criminal trials to begin within a set time after a defendant's arraignment. ... [or] when a defendant in a misdemeanor or infraction case is not brought to trial within 30 days after he or she is arraigned or enters his or her plea, whichever occurs later…”

Can strikes be expunged?

Thus, a strike may be expunged in California. However, when a judge dismisses a strike, the felony conviction is not erased completely from the defendant's criminal record. Instead, the applicable “strike” felony is dismissed for the purpose of determining the defendant's sentence for the current conviction.

What happens if you get 3 felonies in California?

California's three-strikes law is a sentencing scheme that gives defendants a prison sentence of 25 years to life if they are convicted of three violent or serious felonies. The law is codified in Penal Code Section 667 PC.

What is pc1385?

Your loved one is accused of committing a felony. The petition asks the judge to exercise his/her authority to strike prior convictions on an individual's record which makes it impossible for anyone to see the prior arrest record. ...

What is it called when you act as your own attorney?

Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin pro se, meaning "for oneself" or "on behalf of themselves", which in modern law means to argue on one's own behalf in a legal proceeding as a defendant or plaintiff in civil cases or a defendant in criminal cases.

What is a Nelson motion?

If a defendant makes a specific allegation/files a motion to/with the court stating that his/her defense attorney is providing incompetent or unacceptably deficient representation and he/she, therefore, is seeking to have that attorney removed and replaced with a different attorney, the court is to hold a hearing -- ...

What term describes an attorney who works for a law firm?

Associates: Lawyers who are employed by a firm, but who aren't owners, are usually called "associates." Associates can be excellent lawyers, but typically have less experience than the partners of the firm.