My brother-in-law "Harry" was charged with a felony on April 3rd. He has not seen a lawyer once although one was appointed to him. I spoke with his lawyer today and he tried to tell me that he hadn't even been assigned to Harry and evaded my questions. This was a flat-out lie. He has been telling other lawyers and the judge that he intends to go see Harry but tells me the opposite. I heard that after 45 days if Harry does not see a lawyer his case will be dismissed. He has not been sentenced yet. The only way Harry can get in to be sentenced is if his lawyer makes an appointment to have him arraigned first, which obviously is not going to happen since this guy is a lazy scumbag. If Harry continues to sit in jail can this whole thing be thrown out the window? He was given 30 days' jail time and it has been 31 days and he hasn't heard anything from anybody. Thank you!
2007-05-04 15:24:42 · 5 answers · asked by Stegosaurus 2 in Politics & Government ➔ Law & Ethics
I know more about this case than "Harry" does. He is not withholding any information. At this point I am the only person who has actually spoken with this guy! His lawyer is being negligent and I want to either get him a new one or get his case dismissed. The latter would be preferable, obviously.
2007-05-04 15:32:55 · update #1
All he told me was that he wasn't Harry's lawyer and that he wasn't going to see him. The only reason I confronted this guy is because he has not returned repeated phone calls from Harry, myself, or even the judge who assigned him! We're not discussing "every little thing," I'm trying to tell him to do his f*cking job.
2007-05-04 16:14:29 · update #2
The fact that a defense lawyer is not contacting the defendant, or does a poor job on behalf of the defendant, does not result in dismissal of criminal charges. Ineffective defense counsel can result in appointment of different counsel (or a reversal of a conviction in an extreme case). But not dismissal.
If the state fails to prosecute the case diligently and violates a defendant's right to speedy trial, then dismissal can be the remedy.
With respect to the answer above, a defendant CANNOT FIRE his public defender. If you retain your own counsel, you have the right to fire that lawyer. But you have no right to fire a court-appointed lawyer. The only way for a defendant to have a public defender removed from a case is to prove to the court that the defense lawyer has a conflict of interest or is incompetent. Only the court can remove the public defender.
2007-05-04 15:55:37 · answer #1 · answered by Darla N 4 · 1⤊ 0⤋
Quite frankly, Harry's lawyer cannot discuss the case with you at all, nor can he even acknowledge that Harry was assigned to him. 45 days is awfully short! Most jurisdictions go 90 to 180 days. Your brother can fire his own public defender if he has just cause, and another can be appointed. The court is very conservative about this! It may be possible that your brother would be released, but NOT at all likely. I suggest hiring a private criminal defense attorney.
2007-05-04 15:53:28 · answer #2 · answered by cyanne2ak 7 · 1⤊ 0⤋
Taking in to account the whole attorney client privilege thing this just doesn't sound right. I find it odd that the attorney will discuss every little detail with you but has made no effort to speak with his client.
2007-05-04 16:12:23 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Tell "Harry" to ask for a new lawyer.
I rather doubt that "Harry" is telling you the truth though.
He must have done something that he doesn't want you to know about.
Lawyers can't refuse to help their clients. They would be disbarred if they did.
2007-05-04 15:30:03 · answer #4 · answered by Anonymous · 1⤊ 0⤋
astounding one and a in call for man or woman for u a woman is going to her health practitioner who verifies that she is pregnant. it really is her first being pregnant. The health practitioner asks her if she has any questions. She replies, "nicely, i'm slightly apprehensive about the discomfort. How a lot will childbirth harm?" The health practitioner responded, "nicely, that varies from woman to woman and being pregnant to being pregnant and to boot, it really is confusing to describe discomfort." "i recognize, yet can't you supply me some theory?" she asks. "grab your higher lip and pull it out slightly..." "Like this?" "slightly extra..." "Like this?" "No. slightly extra..." "Like this?" "sure. Does that harm?" "fairly." "Now stretch it over your head!"
2016-11-25 19:16:03 · answer #5 · answered by ? 4 · 0⤊ 0⤋