mardi 18 octobre 2016

Domestic Violence: Aof, Took Deferral Deal, Due to No Time in Court. I Want to Appeal

I showed up at court for the fourth time for an assault on female charge. Assault itself was minor, but I was arrested and charged. I had a very solid case. I spent six months building and gathering evidence. My attorney called it a slam dunk. I show up to court for the forth time and finally the witness shows up. There are three cases in front of mine and by the time they were wrapped up it was 4:40pm. My attorney attempted to negotiate a deferral with expungement option. DA said no. About this time, the court noticed the time factor and that the business day was ending in twenty minutes. My attorney told me, "There is no way they will hear this case today, no time" About this time the witness gets up in a huff and leaves the court room and returns. She tells the DA, "I will not come back again" and stated why she could not. They just were going to dismiss my case because there was no time to hear it. The DA flips out and says, "that is not happening, I'm not letting this go." The judge calls the attorneys to the stand and tells them, "The bailiff gets off at 5pm, what do you want to do? The DA, said we will go ahead with the case. My attorney tells the judge, my client has 60-90 minutes of testimony and evidence to report to the court. The judge said we can't do that today. Next thing I know my attorney waves me up to start a trail. He balks across at the DA again, "are you sure you won't add the expungement" He tells me we have to hurry and he begins fumbling through my evidence, he is angry, the DA is angry, the judge is angry, the bailiff is angry. Realizing there is no way I can get a fair trial in now 10-12 minutes left before 5pm, I leaned over to my attorney and said, "just take the deferral."

I have never been in trouble, never been in court, but I feel as though I was forced by the court to take a deal, as they basically let me know, I had to rush, there was no time to properly hear my case. I got home and was so angry, I'll have a criminal record even though in a year it gets dismissed, FOREVER now. I feel totally robbed by the court as I prepared for SIX months to defend myself and I knew I could have beaten this charge.

Do I have the right to approach the court and demand a trial be rescheduled now that I accepted a deal?

Thank you!


Domestic Violence: Aof, Took Deferral Deal, Due to No Time in Court. I Want to Appeal

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