Have Legal Questions? Ask a Lawyer Now.
At this point is simply sounds like you are not getting appropriate information regarding what is happening with your case (if anything) and it might simply be because he is a poor communicator -- it is kind of difficult to assess anything else from what you have told me. You are probably thinking about your 6th amendment right to a "speedy trial" right about now -- but that is an argument that can be used if the prosecution continues the case out beyond a year from the date that the charges were initially brought against you (US Supreme court has ruled on this issue a number of times and while there is no set date that the right to a speedy trial becomes an issue, the general yardstick is that when a case starts to move out beyond a year then the prosecution must have valid reasons regarding why the case has not been brought forward sooner).
Here in your case, every time there is a new date, a new prosecutor will probably be handling the case and this is a very common occurrence -- so I cannot understand why he mentioned that -- unless he had some scheduling concerns with other cases of his own (he could not stay for the entire day himself) -- but he also may be trying to find a prosecutor who seems more agreeable to handling the matter in the way that he thinks the matter should be handled. Unfortunately, I cannot crawl inside his head to tell you what his reasoning is for continuing the case so much. However, if you can tell me what the charges are and whether or not you have a prior record (and which affidavit your attorney mentioned trying to suppress) it might give me some insight into whether or not your attorney is doing this as a matter of strategy or if he is doing it simply to be able to bill you for additional billable hours every time you end up in court and the matter is continued again.
Please let me know what the charges are and if you have any further questions.
I have been charged with cultivation, possession, sales, criminal tools. I have pos. w/ intent to sell prior from 1987, and some DUI's. He talked about challenging the search warrant on my premises because of a lack of, or defciency in the affidavit. He also said we would file a motion to supress evidence garnered from the search warrant due to an illegal search of the vehicle, that led to the arrest and subsequent vsearch warrants. My final pretrial is scheduled one week prior to the scheduled trial date. 8/14 and 8/21. It is my understanding that in OH any motions to suppress must be submitted at least 7 days prior to the trial. In our last conversation he did not mention any intent to file a motion to suppress mumbling somehthing about how the judge had things backwards. He spent more time going into the details of a murder case he is working on than discussing the issues surrounding my case. The murder case was also his excuse for missing the traffic court appearnce. driving without headlights, that led to the felony charges.
Is it likley that we will actually go to trial on 8/14?
He has made no mention of trial prep, or witnesses. As a matter of fact when I asked for his assistance in arranging for aetting up an appointment with a forensic psychiatrist, he seemed want to end our conversation.
I am on a flat fee retainer with additional costs if it goes to trial.
Shouldn't we have a meeting scheduled to perform trial preparations, at this point?
shouldn't I have had a deal offer from the prosecutors office at this point?
Hello again Bill -
From the manner in which your attorney seems to be approaching this, it seems to me that he has most likely been talking to the prosecutors and he is probably going to try to get you to agree to some kind of a plea arrangement -- if that was not his plan then he would have filed motions to suppress and started a full trial preparation by this time. If you are not comfortable pleading guilty to some of the charges (what will most likely happen is he will be able to get some of it dropped in exchange for your pleading guilty to some of the other charges) and you want to go to trial then you really need to impress this upon him as soon as possible and if he refuses to listen to what you are suggesting and wanting to do, then you may want to look around to find another attorney to handle your case before it gets too much later in the process and you get to a point where you are a year later and your case still has not been handled and disposed of through the court. I would say there isa good bet that it would/should go to trial after 8/14 if he does not continue it again or try to get you to accept a plea deal on that date.
Can you please press the 3rd, 4th or 5th smile face below so I will be paid for my time? I am paid nothing unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH!!!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).