Thread: Can anyone answer my questions regarding my case?

On Sep 20 I was in court for my cursing case. Six weeks ago my attorney filed 4 motions regarding my case. One was to have my case dismissed because of the frivolousness of it. The second was to have the 911 transcripts released to us about the homeowner's telephone call to the police. The third was criminal background checks on all of the prosecution's witnesses. And the fourth was the release of the video of the police car that was parked right in front of me when I was arrested.
As of the day of my trial nothing had been given to us. My attorney talked to the prosecutor and his words were that nothing was going to be given to myself and my lawyer. The prosecutor told me to plead guilty and the sentence would be time served (22 hours in jail for cursing) and no fine. I refused. My case was deferred.
If anybody with any knowledge of our criminal justice system can assist me here I would greatly appreciate it.
Isn't the prosecutor supposed to release all of this information? How can my lawyer prepare an adequate defense if the information is not released? Can I bring the prosecutor up on charges for refusing to release the information? Anybody that can help please respond here or send me a private message because come hell or highwater I am going to take this case as far up the court system as I can.

Originally Posted by loneprotester

On Sep 20 I was in court for my cursing case. Six weeks ago my attorney filed 4 motions regarding my case. One was to have my case dismissed because of the frivolousness of it. The second was to have the 911 transcripts released to us about the homeowner's telephone call to the police. The third was criminal background checks on all of the prosecution's witnesses. And the fourth was the release of the video of the police car that was parked right in front of me when I was arrested.
As of the day of my trial nothing had been given to us. My attorney talked to the prosecutor and his words were that nothing was going to be given to myself and my lawyer. The prosecutor told me to plead guilty and the sentence would be time served (22 hours in jail for cursing) and no fine. I refused. My case was deferred.
If anybody with any knowledge of our criminal justice system can assist me here I would greatly appreciate it.
Isn't the prosecutor supposed to release all of this information? How can my lawyer prepare an adequate defense if the information is not released? Can I bring the prosecutor up on charges for refusing to release the information? Anybody that can help please respond here or send me a private message because come hell or highwater I am going to take this case as far up the court system as I can.

Get a new lawyer ....

I'm sorry for all the problems you are having, I would've been sickened by the Irish flag flying alone without the American flag above it.

We fly our American flag 24 /Seven.

I want to throw up when I pass a ranchette near my house whose owner flys the mexican flag. The owners had put up three beautiful flag poles, with regulation lighting, the American flag, California state and POW flags once prouldy graced these poles, only to be replaced with the La Raza's rag!

Anger is not always a negative emotion and oftentimes needed to instigate change.

Good luck with your case, in the meantime, perhaps you can find an org. near you who can offer support.

A good lawyer would have raised the failure to comply with the discovery process and gotten a continuance. Yes, they legally have to give you reasonable material you ask for in order to defend your case.

Greg is right. You can also contact the media, contact Judicial Watch, contact the State Bar Association, and anyone else to make the situation known. You have a right to know the case brought against you and the evidence.

God Bless You and guide you in this time loneprotester.

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Originally Posted by loneprotester

On Sep 20 I was in court for my cursing case. Six weeks ago my attorney filed 4 motions regarding my case. One was to have my case dismissed because of the frivolousness of it. The second was to have the 911 transcripts released to us about the homeowner's telephone call to the police. The third was criminal background checks on all of the prosecution's witnesses. And the fourth was the release of the video of the police car that was parked right in front of me when I was arrested.
As of the day of my trial nothing had been given to us. My attorney talked to the prosecutor and his words were that nothing was going to be given to myself and my lawyer. The prosecutor told me to plead guilty and the sentence would be time served (22 hours in jail for cursing) and no fine. I refused. My case was deferred.
If anybody with any knowledge of our criminal justice system can assist me here I would greatly appreciate it.
Isn't the prosecutor supposed to release all of this information? How can my lawyer prepare an adequate defense if the information is not released? Can I bring the prosecutor up on charges for refusing to release the information? Anybody that can help please respond here or send me a private message because come hell or highwater I am going to take this case as far up the court system as I can.

It sounds as though your current attorney is wanting out of the case and since time is money he is not wanting anything long and drawn out since he is representing you on a pro bono basis. I agree that you should try to find another attorney. Unfortunately most PRIVATE attorneys want one or two things: MONEY or PUBLICITY, neither is coming out of this for your current attorney and he sounds ready to move on.

As for the prosecutors, they are just "doing their job" and they can file so many motions and briefs that your case can drag on forever and depending on how corrupt the Judge is your fate may have already been decided behind closed doors. (I speak from experience as a legal assistant of more than 20 years who has seen many people railroaded) Unfortunately the majority of the time money and connections win court cases and justice is merely a phrase.

I would suggest you find a civil rights attorney (preferably a wealthy one) (or group of attorneys) who aren't calculating fees based on billable hours. Unfortunately the ACLU has become the Alien CLU and no longer represents Americans with causes such as yours.

I hope things work out for you.

loneprotestor wrote

Isn't the prosecutor supposed to release all of this information? How can my lawyer prepare an adequate defense if the information is not released? Can I bring the prosecutor up on charges for refusing to release the information? Anybody that can help please respond here or send me a private message because come hell or highwater I am going to take this case as far up the court system as I can.

These are questions that are best answered by your attorney as only he/she knows the trial strategy and how far they are willing to go with your case on a pro bono basis. But the quick answer to your question is that you are probably entitled to the documents you've requested. Your attorney will prepare a Motion to Compel Production and the judge will then rule on whether you are entitled to receive the documents.

Also, be aware that just because the documents have not been turned over at this point, doesn't necessarily mean that the d.a. does not intend to comply. The Rules of Criminal Procedure set out the time frame in which a response must be made and he might not be out of time.

While most of us certainly wish you well with your case, we cannot dispense legal advice.

I think the suggestion to contact Judicial Watch is a good idea.

They work with a lot of attorneys that might be able to help you.

W