Requesting a Marsden Hearing Over Ineffective Counsel
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 28, 2026
Legal Inquiry
Consumer Legal Issue
Im about ti appear in court. I took a plea deal under coercion and I waived my 10/60 day with codefendants attorney pressuring me actign as my lawywr iver a year ago. My current lawywr had been extremley negligent. I just want to know if I should do a mrsden hearing snd show my oriof. Ir if im too late.
Attorney Answer
A Marsden hearing to request substitute counsel can be raised at essentially any stage — including in court today — because it concerns whether current counsel is adequately representing you going forward, not a claim with an expiration date.
Withdrawing the plea itself is a separate, more time-sensitive matter. Under California Penal Code § 1018, a motion to withdraw a guilty or no-contest plea for good cause generally must be made before judgment is entered, or within six months after an order granting probation if entry of judgment was suspended. Whether that route is still open turns on whether sentencing has already occurred — if it has, withdrawal through the trial court is likely no longer available, shifting the remedy to a direct appeal (if the filing window is open) or a habeas corpus petition. A Marsden hearing and a plea-withdrawal motion are different tools: the former can get you new counsel, but it does not itself withdraw a plea — that requires its own motion, which an attorney would need to file. Coercion, negligence, and a conflict of interest with a codefendant's attorney can support ineffective-assistance arguments generally, which typically require showing both deficient performance and resulting prejudice.
What you can do:
1. Request a Marsden hearing today if you believe your attorney isn't adequately representing you.
2. Find out immediately whether sentencing or judgment has already occurred, since that determines whether a plea-withdrawal motion is still available.
3. If judgment hasn't been entered, ask that a withdrawal motion be filed citing the coercion and inadequate representation.
4. If judgment has been entered, ask about a direct appeal or habeas corpus petition instead.
⏱ Time limits apply. Whether the plea can still be withdrawn depends on whether sentencing has occurred, since Penal Code § 1018 generally requires that motion before judgment. A local attorney should confirm promptly which deadlines and remedies apply to your situation.
Relevant Case Law
People v. Richardson, 171 Cal. App. 4th 479 (2009) — California Court of Appeal
When a defendant seeks to discharge his appointed counsel and substitute another attorney, and asserts inadequate representation, the trial court must permit the defendant to explain the basis of his contention
It confirms that a defendant who clearly asks to replace appointed counsel and claims inadequate representation is entitled to be heard, which is what a Marsden request accomplishes.
Read the full opinion (CourtListener)
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Frequently Asked Questions
What is a hearing to request new court-appointed counsel, and when can it be requested?
In many states, a defendant can request a hearing to argue that current counsel is not adequately representing them, and this type of request can generally be raised at essentially any stage of the case.
Is there a deadline to withdraw a guilty plea?
In many states, a motion to withdraw a plea generally must be filed before sentencing or judgment is entered, after which other remedies such as an appeal or a post-conviction petition may be needed instead.
Can a plea be withdrawn if it was entered under pressure from a co-defendant's attorney?
Coercion and inadequate representation can support an argument for withdrawing a plea or for an ineffective-assistance claim, though this generally requires showing both a problem with counsel's performance and resulting harm.
