My question involves criminal law for the state of: Arizona
I would like your input regarding the following issue. Defendant is assigned a public defender (I've seen private attorneys do it to) and you are now at your Preliminary Hearing. No one informed you that you may have people come in and speak on your behalf, saying why it was not you. The officer has not shown up for the hearing. It is then docketed as if the defendant has asked for a continuance for a "witness preliminary hearing." Of course the defendant has no clue about what is taking place as his attorney does not inform his client. How do I know this? How many client would agree to ask for a continuance so we can have a "witness prelim hearing" which in turn stops the time frames from running against the State? A big fat Zero, O. This motion/action is not in the best interest of the defendant, and defendant is never given an option. With the time frames being "stopped" is how defendant can end up waiting for days, weeks and even months for new court date to come around. How can such an event take place and it not be ineffective assistance right from the start?? The attorney is like helping the court not his client. I thank you for your time and attention regarding this matter which drives me crazy to see done all the time.
I would like your input regarding the following issue. Defendant is assigned a public defender (I've seen private attorneys do it to) and you are now at your Preliminary Hearing. No one informed you that you may have people come in and speak on your behalf, saying why it was not you. The officer has not shown up for the hearing. It is then docketed as if the defendant has asked for a continuance for a "witness preliminary hearing." Of course the defendant has no clue about what is taking place as his attorney does not inform his client. How do I know this? How many client would agree to ask for a continuance so we can have a "witness prelim hearing" which in turn stops the time frames from running against the State? A big fat Zero, O. This motion/action is not in the best interest of the defendant, and defendant is never given an option. With the time frames being "stopped" is how defendant can end up waiting for days, weeks and even months for new court date to come around. How can such an event take place and it not be ineffective assistance right from the start?? The attorney is like helping the court not his client. I thank you for your time and attention regarding this matter which drives me crazy to see done all the time.
Other Offenses: Ineffective Assistance by Not Informing Client
Aucun commentaire:
Enregistrer un commentaire