Where do I get a Marsden Motion document?

If you're interested in defending yourself, you should be cautioned that you are up against a professional prosecutor who has gone to law school, holds a juris doctor, and has passed the California Bar Exam. The rules of evidence are complicated and the judge will not cut you any slack. That being said, if you'd like to write your own Marsden motion, you can probably get a good template from a book called "California Criminal Forms and Instructions". It is published by Bancroft-Whitney

Shocking. A criminal defense lawyer who thinks that their client is guilty. i'm guessing that many (certainly not all) of those accused of crimes are in fact guilty of them, and many of their client defense lawyers acknowledge it, either just to themselves or to their clients as well. That's not the poit in criminal defense. The point is getting the client acquitted if possible, or getting some of the bigger charges dismissed at trial, or forcing the DA into offering a good deal before or during trial. Just because a criminal lawyer says she thinks her client is guilty doesn't mean she can't do a great job for her client and do the best she can with the evidence in the case and hold the police to the standards they're sworn to. You shouldn't think of making a Marsden motion unless you can establish either 1) that appointed counsel is not providing adequate representation, or 2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result. You haven't provided any facts about inadequate representation, and simply saying that you're guilty doesn't mean she's not able to do her job. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

P.S. on my previous post: The book I mentioned is expensive (probably in the $200 range, I don't know), but you can view and photocopy in sections you want if you walk into any public law library. If you find yourself in a law library, ask the research assistant if he or she can recommend any other books of criminal forms / template motions. I just recommended the one I did because it's the one I use.

It appears that Mr. Bussman has confused a Marsden motion (where the defendant wants a new court-appointed attorney) with a Faretta motion (where the defendant wants to represent him or herself.) You do not need a $200 book... or any paperwork whatsoever... to make a Marsden motion. What's more, you are NOT required to represent yourself if you "win" a Marsden motion. In fact, you're probably better off if you DON'T file anything. If you file paperwork, there is a chance it will be disclosed to the prosecution and reveal details that confidential under the attorney-client privilege. (In a Faretta motion, the courts require a written waiver of the right to counsel, but that is a one-page document, available from the court clerk.) You should inform your appointed attorney that you wish to make a Marsden motion, and she will inform the judge. (Note that judges are less likely to grant a Marsden motion that is made just to delay the case, so you should do it as far before the trial as possible.) At a Marsden motion, the judge clears the courtroom, except for the defendant, the appointed defense attorney and essential court personnel. You will be given a chance to tell the judge why you don't think your attorney is doing an adequate job, and your lawyer will have a chance to respond. If the judge believes the attorney isn't doing her job, or there is a complete breakdown in the attorney-client relationship, the judge will relieve your attorney and appoint a different one. However, just saying it appears you would be convicted is not necessarily grounds for a Marsden motion. If the prosecution has a very strong case, your lawyer should let you know that. Your lawyer has all the facts, and is in a better position to evaluate the case than a stranger on the Internet who knows nothing.