Thank you.#1 what to expect at trial without strong evidence.
Much of what you hear about a criminal
trial is very much "dramatized." It is actually much duller than it sounds. The following occurs:
1) The Prosecutor will make a quick opening argument;
2) Her defense attorney will.
3) The Prosecutor will call witnesses to the stand. This may be the alleged victim and/or the officers who arrived on the scene.
4) The defense attorney may cross-examine them.
5) Then the defense attorney may call witnesses. She may or may not testify - she does not have to
unless she wants to do so.
6) Then, the Judge or Jury will decide.
By default, the trial is almost always a BENCH (judge) trial unless the defendant requests a jury. A jury is favorable to a defendant for two reasons:
1) The jury tend to be more subjective and often "roll over the law" and vote with their hearts; and
2) A jury must be unanimous in guilty verdict. This is very hard to get, wherein with a Judge, it is only one person that the prosecutor has to convince.
For these reasons, she may ask her defense attorney to set the matter for a jury trial if this has not been done already.
The onus is on the prosecutor
to prove the case beyond a reasonable doubt. With weak evidence, they may not be able to do so... especially if they have to convince multiple jurors.my daughter is the wife of a military enlisted person. the attorney advised her that she would be able to leave because he would be representation for us in the case
There may have been a miscommunication here. She may travel
, but, (1) she would need the court's permission first if she is on bail and (2) she would need to come back for the trial date
. I am afraid there is no way around this.how do we follow a case where she has never attended any court dates and unsuccessful in reaching attorney
She may wish to write the attorney a LETTER, sent certified, that states that she is very anxious about the status and their non-communication is very troubling. Example:Dear __________,
This correspondence is a formal notice to you that I am becoming very anxious and troubled with your lack of correspondence in regards to my case. Florida's ethical rules for attorneys state that an attorney is supposed to communicate with their client. Rule 1.4:200.
"An attorney's consideration of his or her client's interests and communication with the client at reasonable times in response to the client's inquiries are a vital and necessary part of the attorney-client relationship. We expect and require this of members of The Florida Bar and will not hesitate to imposes discipline upon Florida attorneys who do not fulfill these obligations to their clients." Florida Bar v. Roberts, 770 So. 2d 1207, 1209 (Fla. 2000). Indeed, the court has not hesitated to impose discipline for violations of FL Rule 4-1.4. See, e.g., Florida Bar v. Brakefield, 679 So. 2d 766 (Fla. 1996); Florida Bar v. Morrison, 669 So. 2d 1040 (Fla. 1996); Florida Bar v. Winderman, 614 So. 2d 484 (Fla. 1993).
Please CALL me at ___ or write to me at ___ or at the very least return my calls in regards to this matter. Also, please note that I am formally giving you the right to discuss the matter with my family, namely, ____ and ___.
This does two things - it may scare the attorney into thinking that this is a preparation to file a grievance and they should return the calls, and/or, it lays down a foundation for a possibility of an appeal based on ineffective counsel if she is found guilty.
I hope this helps and clarifies. Good luck.
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