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shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 141
Experience:  I have completed over thirty jury trials in the last three years and teach part-time at a local state college.
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I feel lost, communication with my lawyer has diminished tremendously.

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I feel lost, communication with my lawyer has diminished tremendously. Last week alone 26 phone calls unanswered, followed by close to the same amount of emails but again, unanswered.
1 month ago I was told by my attorney that continuance of my case was decided. I been traveling back and forth to see my sick mother, always getting approved by pre-trial. So I ask my lawyer to get approval by the prosecutor, to move to with my mom, and report once a month to a different court house, which it was offered to my in the beginning, but did not move right away because my doctors, and I suffer from various medical conditions. Last week I started the process again, went to pre-trial permission was granted, purchase I plane ticket, when I received I text from my lawyer from the prosecutor that read " Tell her she is not to make a permanent home over there, she is going because of her sick mother, and the sentencing will be scheduled Nov 21, 2013. As I make my travel arrangements I decided to opened my email, indicating that they want to for the 4th time to meet with them, because they still want to ask me more questions. Again, my lawyer via TEXT, tells me to start gathering letters from friends, family doctors etc. which was the last time he communicated with me.

if I am supposed to be at the sentencing hearing on Nov 21, 2013. Why they still want to ask me more questions on the 30th of this month regarding the case? I was approved by pre-trial to go and see my mom and to provide I date when I was going to returned. If such sentencing is set, why the interrogation of questioning have not stopped. Seems to my that they are still looking for something, maybe some discrepancies on the case. If they are still investigating, Why the sentencing has been set. Sorry but my lawyer have not been able to answer me, because I can't reach him at all.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  shurmust replied 10 months ago.

shurmust :

Greetings! I am happy to help you. I am sorry to hear about your communication issues with your lawyer.

shurmust :

The first thing you must do is save the text messages and take pictures of them in the event they are erased. Additionally, make sure you keep a log of all of your telephone calls, with date, time and who you spoke to or what you stated on a voicemail.

shurmust :

See if you can take a screen shot of your call log.

shurmust :

Save all of your emails.

shurmust :

Now let me attempt to answer your other questions:

shurmust :

Candidly, it is not up to the prosecutor for you to travel, but the judge. Certainly, the prosecutor can make your life difficult by objecting to your travel. This will likely depend upon your prior criminal history, current charge and risk of flight.

shurmust :

If you have fully cooperated, attended all hearings, and made yourself available, you should be able to travel. However, "moving" may be an issue if you are charged with a serious crime i.e. a felony or you have an extensive criminal record.

shurmust :

Again, this is ultimately up to the judge.

shurmust :

Often, the criminal justice system may seem to drag on, but almost anyone will tell you, the more time passes, the better or more likely you will receive a favorable resolution (again subject to your charge).

shurmust :

Perhaps, you can answer the questions over the telephone or via videoconference. It may also be wise to get a letter from your mother's physician indicating her severe illness for you to provide to the court, along with your own sworn statement (if true) that you are the only one capable of caring for your mother.

shurmust :

In the eyes of the judge or the prosecutor, you are charged with a crime, while they shall show compassion, they have a responsibility to administer justice. Nevertheless, you should not have to feel overwhelmed with the constant need to return to answer questions, unless you agreed to do so as part of a plea or a favorable recommendation.

shurmust :

I am not sure why the advise for letters and doctor

shurmust :

came later.

shurmust :

However, you can always ask the court that you have "irrenconciable differences" and retain another lawyer, in light of what you have stated above. Keep in mind, you may not obtain a public defender and may have to go at this alone, or you will likely (if possible) need to hire a new lawyer.

shurmust :

The good news is, that it appears most of the work has already been done, so a new lawyer may not charge nearly as much.

shurmust :

Finally, you can always contact the local state bar to complain about your lawyer's lack of communication.

shurmust :

Sometimes as a result of a sentence, you may be required to continue to cooperate as a special condition of probation. This is not uncommon. Therefore, if you do not answer the questions or cooperate, you could be violated for probation.

shurmust :

This is very common in cases where someone worked as a confidential informant and was sentenced. The informant is required after sentencing to continue to cooperate with the governement, and if he/she does not, he/she may be violate.d

shurmust :

Does this make sense?

shurmust :

If so, please provide me positive feedback. If not, please advise, and I will gladly answer.

Customer:

I understand you point, and I have follow all instructions impose by the court, I have have cooperating with them, every single time, I have shown up and follow their procedures, reason why I have been allowed to travel every time I ask.

shurmust :

I am sure, if what you say is accurate, you will have little issues. Again, you are doing the right thing by being proactive now and preserving everything.

shurmust :

Trust me, you are much smarter than most people in your shoes.

shurmust :

If push comes to shove, you will need to ask the court for a newly appointed lawyer or may have to hire one.

shurmust :

If I have been of assistance, please provide me with positive feedback. I wish you all the best, XXXXX XXXXX ask for Shurmust in the future.

shurmust :

Thank you,

shurmust :

Thank you again!

Customer:

By whats your opinion when I have to meet with them on the final stages of my case, when the sentencing hearing is on Nov 21, could this harm me, or help me on my sentencing. What if there's positive findings, what could happened at sentencing?

shurmust :

I don't see why it would harm you if that was part of your agreement was to meet with them.

shurmust :

Remember, your lawyer will be there. If he/she is not, you may wish to get a new one.

shurmust :

I would imagine anything positive that comes out of the meeting would look favorable with sentencing

Customer:

One more question for now. Will it be appropriate to write directly to the judge, and tell him, that I feel that my lawyer some how has lost interest in my case, and he has not even provided a date, to collect the Character Reference Letter, etc. I dont know if he was going to review them, maybe provide feedback, how to write them, what works and what does not, what could happened during sentencing, what to expect, but I have got nothing from him, and the 21 of Nov is approaching very fast

shurmust :

You may wish to do that, but it may fall on deaf ears. Make sure you CC the prosecutor and your lawyer if you do so.

shurmust :

Generally, they do not read them, but forward them along to all counsel.

shurmust :

Again, during sentencing you are entitled to a lawyer.

shurmust :

You may be appointed a new lawyer or may need to get a new one.

Customer:

Will the Judge read my letter

shurmust :

Maybe, the judge is not allowed to have communciation with you off the record without counsel for the state

Customer:

But if I provide copy's to everyone? Will he read it

shurmust :

Probably, but I would keep it brief.

Customer:

Thank You sir for your very helpful information

shurmust :

My pleasure. Good luck!

shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 141
Experience: I have completed over thirty jury trials in the last three years and teach part-time at a local state college.
shurmust and 4 other Criminal Law Specialists are ready to help you

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