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xavierjd
xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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once youve waived your right to a pre-trial hearing can you

Customer Question

once you've waived your right to a pre-trial hearing can you get another pre-trial hearing if you change attorneys? Who is the best attorney in Michigan to fight a "defense of self-defense" defense?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  xavierjd replied 4 years ago.

Thanks for using JustAnswer.com

 

If you change attorneys, it is customary to allow the new attorney to conduct a pre-trial hearing. However, if you change attorneys more than a couple of times, the court is less likely to grant a new pre-trial.

 

What do you mean by the best attorney to "fight a defense of self-defense" defense? Do you mean that the alleged victim did not act in self defense? Can I get a few more facts? Do you have any previous convictions?

 

Thanks

Customer: replied 4 years ago.
No previous convictions. Person being charged with Felonious Assult and Felony Firearm. Confontation in which both parties said they had guns. When everything went down only 1 shot was fired (into the ground, as a warning shot) Dispute ended. Police report was made up of lies. Said that felt the bullet whizz past cheek and that feared for life. Now a plea bargin is being offered to plead gulit to felonous assult, prosecutor will drop felony firearm and after 5 years of probation lower felonous assult to misdemeanor.
Expert:  xavierjd replied 4 years ago.

Thanks for the information.

 

First, if the person charged didn't commit the crime, then s/he shouldn't plead guilty. Remember, a jury must find the person guilty BEYOND A REASONABLE DOUBT. That is a VERY high standard.

 

If the other person also had a gun, the question becomes, "Why?" That person's credibility definitely becomes an issue. If the lawyer can raise "reasonable doubt" that the person who "felt the bullet whiz" past his face is not credible, or can catch him in a lie or lies, then the jury can partially or even totally ignore that witness' testimony as incredible. If the prosecutor's case rests with that witness, then it is very possible that the jury will find that reasonable doubt exists and finds the person "not guilty."

 

Also, if the prosecutor is offering a "sweet deal", then it makes you wonder how good the prosecutor's case really is.

 

As far as the "best" attorney to retain, it truly depends on who has a good reputation in the county in which the person is charged. Being the "best" in the State of Michigan means nothing. What is important is what reputation/relationship the attorney has with the judge who is hearing the case. The best way to find that type of information out is usually through the local defense bar association. The person wants to retain an attorney who regularly practices criminal cases in front of the judge and has a good relationship with him/her and his/her staff. Another way to gather that information is to sit in the courtroom for a few days and observe how the attorneys interact with the judge. There may be one or two attorneys who stand out. If so, the person can approach the attorneys for help.

 

Also, depending upon how far along in the system that the case is, a new attorney will have to be allowed time to become familiar with the file.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

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