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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23169
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am one of three defendants in a criminal case of alleged

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I am one of three defendants in a criminal case of alleged theft from my ex-boss. The amount claimed is $100,000 and is a 2nd degree felony. In proportion to the other two defendants they claim I obtained less than 25% of the funds. If I am able to get my case severed from the other two defendants will I be accused of just $25,000 (and a charged with a 2nd degree felony)? Also the grand jury agreed to an indictment based off of a "CPA's investigation report" this report has countless errors, based on "assumptions" This is a frivolous lawsuit for vindictive purposes (I refused to lie on the witness stand for my boss and he lost at that court case). The dates line up to prove this theory. I have hired two lawyers but neither has seemed to make any progress at all just pass slip after pass slip. It has been dragging out for well over a year now and no motions have been filed and I don't know why. They say this case will defiantly go to trial since the Grand Jury issued an indictment. WHAT can be done at this point?


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

If you've already been indicted, severing the case won't change your charges. It may enable the prosecutor to agree to reduce the charges to the lesser felony in exchange for a plea or for your cooperation against the other two defendants, however.

As to the rest,with three co-defendants, a case can drag on for a very long time. Just coordinating the schedules of all of the lawyers involved in the case can be daunting. Also the facts against all three defendants are going to be somewhat different, meaning that each of the defendants may, at one time or another, find themselves waiting while an issue applying to only one of the defendants gets litigated.

Your lawyers would be the best people to ask about why no motions have yet been filed and whether any of your rights to a speedy trial have been asserted and/or violated.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 7 days ago.
you answered my question clear and precise thank you very much! I will give you top review possible thank you very much I know I had a loaded question

Thank you so much!

Please select 3, 4, or 5 stars before leaving the site, so I can get credit for my work.

Customer: replied 4 days ago.
I apologize I have a few more questions regarding this matter...... The Dallas County District attorney Susan Hawk has been in and out of rehab the whole time she was the D.A. (She had a lot going on and multiple people claimed Susan Hawk was not stable enough to properly fulfill her job duties ) The D.A. before Susan Hawk had rejected my case at LEAST 3 times. Susan Hawk is no longer the D.A...... IN ADDITION to this the judge resigning over this case will be retiring at the end of this year.Will my lawyers have a chance to present my case to the Judge/Prosecutor/& D.A. showing this case is frivolous, without merit, and vindictive in nature and should have never been presented to the grand jury (especially since the civil suit was voluntarily dismissed by the plaintiff for non-suit)LASTLY my lawyers keep telling me getting a new judge and D.A. is a good thing, they say postponing my trial is a good thing, why would postponing my trial be beneficial?

You've already answered your own question in part. Delay is always a good thing for the defense because over time, life moves on and things can change. The state's witnesses can forget important details, get sick, move away, die, for example. Evidence can get lost. Judges can get switched. And so on.

Your lawyers will get a chance to argue that the case is without merit and vindictive not only to the new judge and to the new DA but to the jury when it comes to trial. If you'd had your trial already, you wouldn't have had all of that evidence which tends to back up those claims.

Please don't forget to rate my service as you've not yet done so. You can still ask questions even after that's been done if you have further follow ups.

Zoey_ JD and 3 other Criminal Law Specialists are ready to help you
Customer: replied 4 days ago.
OK I rated you:) thanks so much for all of your help....... I just really hate the thought of going to trial it is such a scary situation no knowing my future

Trial is very intimidating, and I don't blame you from being nervous. But it sounds as if your lawyers are on top of your situation and that there is a lot of evidence in your favor which can help your lawyers establish reasonable doubt.

No trial outcome is ever a sure thing, but if your lawyers can establish reasonable doubt, you can't be convicted.

Best of luck!