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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85891
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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For Paul MJD, Paul, I have an order from the court that reads,

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For Paul MJD, Paul, I have an order from the court that reads, It is the order of the court, upon defendant's arrest on warrant, trial and pretrial conference can be rescheduled in the case or the matter rescheduled for plea proceedings. Upon defendant's arrest, she should be directed to appear before the Court on the first Tuesday following her arrest on warrant.
The Clerk of Court shall provide a copy of this order to counsel, sheriff, and Department of corrections.

Dated and ordered May 28, 2013

She was arrested by warrant on May 28th at 6:45 pm. Today would have been the first Tuesday after arrest. She is still in jail and still has yet to appear before the court.

If she didn't get to appear before the Court today, which is the first Tuesday after her arrest, The Courts Order was not followed.

is there anything I can do for this order not being followed?

And also her court appointed attorney filed a motion to withdraw from her case shortly after I emailed him and informed him that I had a letter from him saying he was going to obtain a new trial date and file the motion to suppress. Which he did not do. And I also informed him that I recorded his call on the Friday before her plea hearing on the 28th. And in this recording he told her she need not be present since he was just going to continue it. And if she should up on the 28th and was arrested it would look like he set her up. Then when the 28th came she got another arrest warrant entered for failure to appear in court on the 28th. And I would be filing a complaint with the board. Now that he withdrew she is in jail with no attorney now. This makes two court appointed attorneys that have withdrawn from her case. Is the Judges order not being followed grounds for a dismissal?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 10 months ago.
Hello and thank you for your new question.

Since the order was not filed, then she has grounds to file for a motion for dismissal and or release, since the court order was specific about her being brought to court on the first Tuesday and that order was not complied with. She also needs to file a motion for appointment of new counsel as is her 6th Amendment right and they cannot withdraw without having the court appoint a new attorney to represent her.

The judge's order may be ground for dismissal or at least to get her released from jail on recognizance bond without paying a bond.




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Customer: replied 10 months ago.

Is there any kind of legal service online that I could give them the info and they draft the motion for me? And in the motion to dismiss would you list all the other stuff along with the order not being complied with? Or just try using the order and keep it simple?

Expert:  Law Educator, Esq. replied 10 months ago.
I wish there were some type of online service for this, but the state bars prohibit ghost writing, so you have to engage an attorney to represent her or she will have to write it herself (or you write it in her name). In the motion to dismiss you would raise everything you have been complaining about.
Customer: replied 10 months ago.

Well All the court appointed attorneys around here that the gives you work with the county attorney so I don't trust any of them to do this. So I guess I will find a motion to dismiss from one of the cases my attorney wrote for me and use his wording with her information. That is how I draft other motions and stuff that I file myself and see what happens. Boy it pisses them off when I do this, but it is the only way to get shit done around here. And they already hate me anyway so what the hell. I will be sure to let you know what happens. Thanks again for everything Paul. Damn I hope this works, if it does I think I would shit myself. Lol

Expert:  Law Educator, Esq. replied 10 months ago.
Your only other option is calling the state bar and asking them for the pro bono criminal defense attorneys in the surrounding cities/counties who may be able to assist.

All you can do is make your legal arguments and put in your case research to fight them, but you cannot account for a corrupt or unwilling judge or police officers no matter how good your arguments are and you have to prepare to take that to appeal if necessary.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85891
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you

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