I was accused for federal criminal case of smaggling cigarette to other states. According to the guide line. I will be punished for 5 years in the jail. However, my lawyer charged me 25,000 retainer fee and not did anything at all. I went to the court for 5 times. DA always said she didn't have enough time to read the file and postpond the court date again and again. After one year waiting, I finally got a peal bargain from the DA, which was instead of 5 years jail time, she gave me 4 years. I talked to my lawyer that this was not the peal bargain deal at all and asked him to re-bargain. He said this is the deal only that we couldn't bargain again and push me go for trial which cost 80,000 that he wanted me to pay upfront. I couldn't affort it. Therefore, I changed another chinese lawyer who is charging me less money.How can I make them speed up my case? Also,can Judge pay more attention for my case?How can I prove to DA or Judge that I am innoence?where can I search for similiar case?
2006-11-01 20:52:23 · 6 answers · asked by Poor mommy needs help 1 in Politics & Government ➔ Law & Ethics
Habeaus Corpus is one option, but it's only really intended as a collateral attack on wrongful imprisonment.
As to proving you are innocent, that's the trial process. The judge just grants or denies continuances (delays) based on what the attorneys (prosecutor and defense) ask for. The judge cannot pay more attention to the matter, unless one of the attorney's brings a motion before the court.
Ask your new attorney about a Speedy Trial motion.
2006-11-05 12:04:43 · answer #1 · answered by Vicki Von 2 · 0⤊ 1⤋
Habeaus Corpus is one option, but it's only really intended as a collateral attack on wrongful imprisonment.
As to proving you are innocent, that's the trial process. The judge just grants or denies continuances (delays) based on what the attorneys (prosecutor and defense) ask for. The judge cannot pay more attention to the matter, unless one of the attorney's brings a motion before the court.
Ask your new attorney about a Speedy Trial motion.
2006-11-04 05:47:19 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
You can file what is called a "Writ of Habius Corpus" (not sure of the spelling) which forces them to either try you, or dismiss the charges. It falls under your constitutional rights to a speedy trial. They usually put trials off because they lack evidence against you, and are using this to buy time to trump up evidence to convict you with. Your attorney is a rip off, and is not trying to defend you. If you got any sense, you will refuse the plea bargain and demand to be tried right away. Make them prove it!!! A good attorney would have this thrown out of court or would have suggested what I have suggested. I would call him on this, and demand your money back, because ALL attorneys know about this, and he intentionally withheld this information from you. I think you need to bring a suit against your attorney for misrepresentation and fraud. You may be able to get information and some help from the University of Pennsylvania Law School. They train people to be attorneys, and sometimes will take cases to use for their training. If you send them a long letter and explain how you have been treated, you might get a lot of help with your case for free. I might also suggest; you have a word with your state bar association concerning your attorney, and his lack of effort in your case.
Now I found out what it is: You need to file a motion for a speedy trial in the form of a "Writ of a Habeaus Corpus".
2006-11-01 21:12:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
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2015-09-24 16:19:42 · answer #4 · answered by Renee 1 · 0⤊ 0⤋