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Ask Juliana Your Own Question
Juliana
Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience:  Former prosecutor with 4 years of experience, criminal justice degree
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I believe the second response you made about the evidence was

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I believe the second response you made about the evidence was not present because the attorney decided to not bring it into the evidence because he said i would have to show them engaged in sex act this would have to be my pictures. I disagree because she was visiting the person in jail and took a picture with him hugging and cuddling together, the letters they exchanged was of sexual content about how he hold her Ass, and Breast and things of this nature, he also speak about her providing funds to his account while he incarated. they disgust my status a roomate husband. I also have her notebook with her writing letter to him in returned. Also the phone bills are of her making phone calls to a person who she said was a friend but end up to be a person she been dating on numerous occasions during our marriage years 2008 thru 2009. This was brought up in my preparation of my trial which was not presented during the hearing. I believe this was a faulty move of my attorney he was not trying to show her character to the judge as a honest and senscere wife she said she was during the years of marriage. He never cross examine her about her ability to show or present paperwork on her payments of the household bills while she earned a income in the marriage. They just mention i made 80% to her 20%. But my expense was more than her's in the long run. Was this something i could or should present to the judge for review again?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Juliana replied 5 years ago.

Sorry for the delay in responding. I'm on Eastern Time, and I was already in bed when your question came in last night. I saw it a few minutes ago when I got online.

 

With this being a judgment call on the part of your attorney to not submit these items into evidence for the judge's review, as I see it, the only way you could ever submit these items in the future would be to appeal your case in such a manner that the court of appeals might send it back to the trial court for a brand new hearing. Otherwise, since these items were in existence at the time of your first hearing, and your attorney chose not to use them, you wouldn't be able to get them before the judge now.

 

I would suggest that you contact a different attorney in your area for a full evaluation of your evidence that was not submitted by your current attorney, and to discuss an appeal, if you really want to pursue this any further. A live attorney will be able to look at everything you have, and also possibly review the transcript of your hearing to see if anything could have/should have been done differently, and also discuss a possible appeal with you.

 

Good luck,

Juliana

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