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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110559
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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For Paul MJD, Paul I filed the motion to dismiss, everything

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For Paul MJD, Paul I filed the motion to dismiss, everything else that is filed in this case, when filed it is ruled on the next day. But the judges also work with the county attorney. So the judge will let the motion to dismiss just sit awhile. How long does the judge have to make a ruling on my motion? Is there anything I can do? I found out the new attorney they gave her is the assistant county attorney from a neighboring county. She has talked to him twice. she asked if he could get her out of jail and he said No. And yesterday he called and the only question he had for her was will you give up a name for a better deal, that was it. So the only attorneys they will give her are the ones that work with our county attorney. Do you have any suggestions. I know it is tough when the judge, county attorney, and her attorney are all on the same side. How can she get rid of this attorney?
Thank you for your response and update.

The judge can sit on the motion to dismiss until the preliminary hearing at the very least. You should file a motion for a preliminary hearing and get that scheduled to force them to show their probable cause. You should also file a motion to dismiss this alleged defense attorney for conflict of interest in that he is a prosecutor in another county.

I am afraid that ultimately, what she really needs is a private attorney though to do any good and go into the court to fight for her rights.

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Customer: replied 3 years ago.

Do you know where I could look to find some pro bono attorneys in this area? That is the only way I know to get an attorney not working with them.

The Iowa Bar would be really the only place unless you can convince the Iowa ACLU to take up this case based on all of the abuses you are describing.
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Customer: replied 3 years ago.

Hey Paul, Long time no talk to. Update finally after reporting 2 public defenders the third got us to view the evidence. They don't have anything they said they did. The pill boxes they said she bought from Mosers doesn't even sell that brand of pills. They didn't have any receipts they said they did. It was all lies. Now they have offered to drop it to a misdemeanor with everything suspended and no probation. Refused it Motion to suppress is on 09-02-2013. Looking good though. Thanks to all your help and putting up with me. You the man, couldn't have got this far without ya. Will let you know the outcome. Thanks

This is great news. Thank you for the update. I had a sneaky feeling the way they were dragging things out that they had nothing at all and were just trying to coerce a deal by bluffing and that is why I kept saying to stick to your guns.
Customer: replied 3 years ago.

The part that scares me is, if this is dismissed by the court, like it should be. They arrested her twice, a total of 52 days. Wrongfully. It won't look good for the first two attorneys they gave her. I will seek charges on the officer for total disregaurd for the truth, a number of times. State has to pay all fees. Just bad all around for them. Just how far will they go to prevent this? How high up does this crap go?

I do not see this case going anywhere at all. Just keep being patient. When the case is done, then you would examine getting a case together for false arrest against the officer.
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