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RBinJax, Lawyer
Category: Criminal Law
Satisfied Customers: 731
Experience:  I am a former Public Defender, and have handled criminal cases for 25 years.
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The death occured March 2007. They arrested him in Sept. 2007.

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The death occured March 2007. They arrested him in Sept. 2007. The DA who signed the warrent has since retired. The trial was set for Dec. 2007, then moved to Feb. 2008. The new DA communicated to our attorney that he does not see a case, but wants to know what we have. Our attorney said he trusted the guy and advised us set up a meeting with the DA and the expert witnesses we had look at the case. The meeting took place in December. We had three experts who explained the problems with the baby's death. He left saying he would let us know. In January he let our attorney know that he needed a contiuance to look at the information we had provided. We now no longer trust our attorney. He lead us to believe it would all be dismissed. The only information the DA had was the doctors that treated the baby and the county pathologist. Our attorney then adivised us to hire two more experts. We agreed to one that the DA said would sway him. They met and now the DA says he still can not commit.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  RBinJax replied 7 years ago.
I am not sure of any organizations that can assist you. I did want to comment that this may not be your attorney's fault. You are dealing with a new DA who is faced with a huge decision on a case that he really does not want to have to drop, because of the nature of the case. No DA wants to see a sensationalized headline story reading "DA drops charges against child killer" (the paper will leave the word 'alleged' out of the headline). Your attorney could force the issue by demanding a "speedy trial" but that migbht force the DA to try the case and unfortunately juries do odd things, such as ignore expert witnesses.
I realize that you have made a great financial sacrifice to help your son, and wish to see closure on this. Unfortunately, sometimes no matter how much evidence to the contrary you put before a prosecutor, you cannot foce the prosecutor to recognize that he is working a case that he cannot win, and sometimes the political pressure on the DA outweighs justice.
While this may not answer your question, I wanted to let you know that this may not be of your attorney's making. I wish you and your son the best.
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