Criminal Law Questions? Ask a Criminal Lawyer.
Greetings! I am happy to help you. I am sorry to hear about your communication issues with your lawyer.
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.
See if you can take a screen shot of your call log.
Save all of your emails.
Now let me attempt to answer your other questions:
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.
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.
Again, this is ultimately up to the judge.
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).
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.
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.
I am not sure why the advise for letters and doctor
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.
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.
Finally, you can always contact the local state bar to complain about your lawyer's lack of communication.
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.
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
Does this make sense?
If so, please provide me positive feedback. If not, please advise, and I will gladly answer.
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.
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.
Trust me, you are much smarter than most people in your shoes.
If push comes to shove, you will need to ask the court for a newly appointed lawyer or may have to hire one.
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.
Thank you again!
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?
I don't see why it would harm you if that was part of your agreement was to meet with them.
Remember, your lawyer will be there. If he/she is not, you may wish to get a new one.
I would imagine anything positive that comes out of the meeting would look favorable with sentencing
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
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.
Generally, they do not read them, but forward them along to all counsel.
Again, during sentencing you are entitled to a lawyer.
You may be appointed a new lawyer or may need to get a new one.
Will the Judge read my letter
Maybe, the judge is not allowed to have communciation with you off the record without counsel for the state
But if I provide copy's to everyone? Will he read it
Probably, but I would keep it brief.
Thank You sir for your very helpful information
My pleasure. Good luck!
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