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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90182
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Ok Paul, check this out. precursor charge. Update we replaced

Resolved Question:

Ok Paul, check this out. precursor charge. Update we replaced the first PD, he wouldn't do a discovery. We filed one and this is when we found out about the recording of the interview with the officer after the arrest by warrant. That PD had the recording for awhile and never mentioned it. So then the Judge denied our discovery we filed. Got appointed a new attorney, Mr. Solo attorney. We tell him the officer lied on the warrant affidavit. He doesn't want to fight it, but we are pushing him along. His answer to our last letter. He received the letter contacted the county attorney to check on dates for deposition of officer. then the Motions ect. if the motions are not successful we proceed to jury trial. new paragraph when county attorney makes a plea prior to deps. it is consider withdrawn once deps are taken. So the offer of suspended sentence and probation. Still the felony charge, Thats me stating that fact. He may take the position he is free to recommend up to the max. I will let you know the dates so you can attend. letter dated the !!th. Next day get another letter dated the 12th. Depositions in your case April 26th 2013, 9:30 am clayton county court house. You should be present. letter april 17th copy of notice of additional witnesses in your case. We call attorney the day before, not in office, they didn't know what to tell us. The next day, april 26th 9:30 am courthouse. Nothing! Nobody! They are looking at us like we are nuts. We leave. On the 30th I pull out the file online. The attorney, our attorney filed a motion to take depositions, and filed a discovery, asking for about the same stuff we did. His is granted. Ours was denied. It seems like those letters he sent, he figured he would scare them into taking the plea by saying, Ok taking deps, then pleas off table. That didn't happen. Haven't heard anything since those letters. And didn't get any copies of what he has filed or gonna file nothing. So my question is "What the f**k is going on here!!" Lol
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the new question and for asking for me.

When a prosecutor makes a plea offer that offer remains in place until the prosecutor tells the defendant it is no longer available. So if the prosecutor has not yet told you it was no longer available, the plea agreement is still out there.

Evidently something the attorney filed he filed properly, since discovery in a criminal case cannot be denied, that is part of your due process and your Brady rights. What is going on now is your attorney needs to be contacted to find out that now discovery has been approved when is it taking place.



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Customer: replied 1 year ago.

Why did the judge deny the discovery when we filed it? And why would our attorney tell us deps were the 26th when they were not? And shouldn't your attorney discuss and send copies of stuff he is doing and filing?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I really do not know why the judge denied your discovery, that would require hearing the judge's ruling on the discovery motion. It may have been improperly filed or improperly formatted, but I really do not know and I would be guessing to tell you that one.

The attorney does not have to send you everything they file or tell you everything they are doing, but they should communicate with you at reasonable intervals to keep you up to date with what is going on and that is all the Rules of Professional Conduct mandate them to do.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90182
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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