Hi. I will try to help you with your question.
First, when corresponding with your attorney you need to make sure to write letters in addition to any phone calls and conversations.
When you speak with your lawyer, write a letter to him or her memorializing the conversation and the information you have conveyed.
Also, if you were using an ATM, you will want to get subpoenas f the bank videos that may have your image on them and the time stamps. This should be done quickly since often the videos are only kept for 30 days or less unless subpoenaed.
If the above information helped, please click ACCEPT.
The above information is not legal advice and intended for entertainment purposes only. Any communication will not constitute an attorney-client relationship.
This happened last may. So the bank would not have video. However the police report stated that the officer who returned to the crime scene, retrieved video surveillance of the incident. But I have yet to hear back from my attorney that he has viewed the tape. He keeps reminding me two important cases he is working on and that mine is not as important. Which of course adds to my panic.
I have also been placed on supervised release which greatly limits where I can go. I have recently remarried and new husband is going away for a job. I am unable to go with him, even though it is in the state it is not in one of the few counties I am allowed in. He may be unable to accept this job as he has no drivers license. We need for him to work as there is no money coming in at the moment, other than unemployment. If he cant get there it will also affect his unemployment as he will be refusing a job. How can the courts inflict this on us? My attorney says I would have to wait 4 weeks to get on the docket to ask permission to go. And that the judge probably would not like this as I had to have them include an additional county 3 wks ago just to be able to travel to my home which is 80 miles from the county I am being tried in. (4 county travel range)
You should have a copy of everything your attorney has received in discovery. If you have not, you need to write a letter requesting copies of everything in your file. Also, you should let your attorney know about ATM videos and have them subpoenaed. Assuming they are destroyed does not mean they are. You don't know until you receive them or they send you a letter stating they are destroyed.
who do I send a letter to. I can not contact the DA as my attorey would have a fit. I know he has other cases, but he keeps reminding me how busy he is. Does'nt make me feel real confident. I have asked him about the evidence that would help to clear me, and he keeps stating "The DA is not going to dismiss your case, just wont happen" I have a hard time beliving that. And does the DA office have to let my attorney know about all the evidence they have against me. I was shocked when I read the police report being as the two people they were able to contact both gave statements that don't even pertain to me. The physical descripton the security officer gave is way off from my description. There really is nothing that connects me to this crime. Yet I have been put through hell.
I am so frustrated and don't know where to turn. I just want this to go away. I know that wont happen overnight, but I just dont see how they are going to have a case.
You need to write to YOUR attorney. The DA has to disclose all evidence in your case, including exculpatory evidence. It is not uncommon for DAs to try losing cases.
What are my chances the DA will dismiss this case prior to trial? And with a criminal history how will a jury respond? I am sorry. so many questions. I cant seem to get them answered by anyone though and its driving me crazy. I was two months from having my record expunged. This will absolutely ruin me. It already has ruined me financially not to mention the terror, humiliation and treatment of being arrested and not knowing why, or having the officials at jails look at you with that (oh yeah right) look.
I have not even had the chance to sit with my attorney yet. He has put me off for 3 wks now. Adding to my frustration.
I think your question has been fully answered. I understand your may be getting frustrated with the process but the DA will try losing cases.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).