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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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Charged with f4 posession. Additional evidence would raise

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Charged with f4 posession. Additional evidence would raise to f6. sister's drugs were even documented having been found with her belongings. Public defender office shuffled def around 4 times within last month. Plea offered, advised differently based on which
PD attrny assigned. contacted private attorney, she offered to be retained if court would not appoint alternate. Judge denied. Private attorney suddenly not answering calls or emails. PD office emailed today stating if new attorney didn't motion to enter by TOMORROW def would be stuck defending herself or with their office. many strange facts surrounding case. Need help ASAP! Thank you
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

The JustAnswer experts do not act as personal attorneys. Please clarify, what procedural information are you seeking?
Customer: replied 2 years ago.

Sorry for being vague. I need to know if I should file for a continuance today? If not, will I in fact be left to represent myself or stuck with the PD office. motion to supress evidence set for 2-6-12 trial for 2-13-12.

thank you

Expert:  JB Umphrey replied 2 years ago.
Did you pay the private attorney?
Customer: replied 2 years ago.
no. she suggested I ask the judge to appoint alternate council first. as she is on the board of possibilities. she stated she would also be available for a fee if judge would deny request.
Expert:  JB Umphrey replied 2 years ago.
If the private attorney has not been paid, then there is no legal basis to ask for a continuance. The private attorney, at this point, has no legal obligations or duties.

So, the only question is to self-represent or go with the public defender. When faced with that choice: go with the public defender.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

ok. is it necessary for me to waive speedy trial rights if I can obtain an attorney by trial date?

Expert:  JB Umphrey replied 2 years ago.
If you are not in custody awaiting trial then, yes, you should waive your speedy trial rights. From what you've described, there is no legal reason for you to not waive your speedy trial rights.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

then is it possible for the judge to deny my request to waive speedy tral and force me to either reresent myself or be "stuck with PD office" on 2-6-12. also know the evidence to supress on that date is highly controversial including testimony which wa a violation of Miranda and evidence admission that is the motive for "up-ing" f4-f6. gathering procedure, documentation, as well as burden of proof are strong factors in defense

Expert:  JB Umphrey replied 2 years ago.
Yes, it is possible for the judge to deny your request. The judge is the one who controls the docket and ensures the timely conclusion of cases.

Yes, the judge can force you to choose between representing yourself or being represented by the public defender.

If you have not paid and have a private attorney, in court with you on 2-6-12, the judge can still force the case to proceed.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
Ok. PD stated yesterday that just showing up to court on 2-6-12 with another attorney is not sufficient. He said that the court has the right to deny new attorney and will force the later option.
Expert:  JB Umphrey replied 2 years ago.
I was not a part of your conversation with the PD and I'm not clear on what response you are now seeking. If you have not hired or paid a new attorney to come to court with you on 2/6/12, it's not really a relevant consideration.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
If I show up on 2-6-12 with new attorney, can court deny appointment of new council or a possiblecontinuance
Expert:  JB Umphrey replied 2 years ago.
When you show up with a new attorney on 2-6-12, the attorney will have to be ready to proceed. The judge will then grant the change in counsel.

The judge does not have to allow for a continuance.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
Then would it be wise or even possible to file for continuance on my own before the day is through? is there validity behind PD putting today as last chance to motion to enter new council
Expert:  JB Umphrey replied 2 years ago.
There is no legal basis for you to seek a continuance. Yes, there is validity for what the PD is saying about the deadline. If there's going to be a new attorney, they want to know now so that they don't have to unnecessarily prepare for 2-6.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
2-6?
Expert:  JB Umphrey replied 2 years ago.
You previously indicated that there is a motion to suppress hearing scheduled for 2-6-12.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
ok. would it be wise to allow PD to enter on such damaging evidence then allow another attorney to prove defense upon trial
Expert:  JB Umphrey replied 2 years ago.
If you cannot have a private attorney in court with you on 2-6-12, then the PD should provide counsel.

As a general matter, it's not wise to be switching counsel because it is too hard for a new attorney to get up to speed and provide effective assistance.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
is an attorney allowed or generaly comfortable entering on a case after such motions on 2-6 being handled by PD office
Expert:  JB Umphrey replied 2 years ago.
Most attorneys are not comfortable entering into such cases and will only do so if you're paying them a lot of money, up front and if they are not already scheduled to do other things on the listed court date.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

thank you. also, the court has been involved in discussions regarding my so called attempt to push speedy trial limits, a co-defendants case, as well as several botched attempts to clarify myself & circumstances. is a change of venue a chance? as I know I will not receive a fair trial with appointed judge

Expert:  JB Umphrey replied 2 years ago.
Change of venue is not a chance. None at all.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
I am sincerely XXXXX XXXXX loss due to lack of reasonable council. both appointed and my own choice of possible private. In case of conviction, what are chances of an appeal? I'm scared to death of what could happen to my life in the hands of the PD office.
Expert:  JB Umphrey replied 2 years ago.
You are free to go with the PD.

If the PD does not provide effective assistance of counsel, that is a basis for an appeal.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
ok. if convicted and sentenced would I enter custody to await appeal process
Expert:  JB Umphrey replied 2 years ago.
That is up to the discretion of the judge as to whether any jail would be immediate or delayed while pending appeal.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

wise to inform PD of possible retention of private attry/ post motions?

Expert:  JB Umphrey replied 2 years ago.
Not at all. That would not accomplish anything.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
Ok. Thank you kindly. You are first attrny to actually help. I would seek your opinion on other issues should they arise
Expert:  JB Umphrey replied 2 years ago.
You are most welcome.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 3 other Criminal Law Specialists are ready to help you

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JB Umphrey
JB Umphrey
Criminal Lawyer
20232 Satisfied Customers
Handling criminal and probation matters for over 14 years.