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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24539
Experience:  Active member of the NYS bar since 1989
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I was false accused of battering my neighbor with cat toys.

Customer Question

I was false accused of battering my neighbor with cat toys. (sure thing) When I wanted to speak with this woman's husband, she wouldn't call him. I moved to FL almost 2 years ago and he made the move on me. At the time, I didn't know he was married. Anyway, she opened her door and screamed "call 911". Then with her huge self hit me on the right side of my head with her fist!! I blacked out. I heard a male's voice that said. "Go". I came to and didn't know what happened until the cop took me down to his car and was going to take me to jail!!! I told him I wasn't going so I had a court date and the P.D. did NOTHING for me but I must drive my almost 13 yr. old car to Tavares twice a week.
The P.D. said IF my name was Julie or Sue, I probably wouldn't be going through this mess. Sorry, but I am Julian Bond's "love child" and I am proud of my name!
So, where do I go from here. I missed the call from NAACP today because I had to be seen by their shrink!
Please advise. Thank you in advance.
Tasha Rhodes
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

What is the present status of your case? That is, how many times have you been to court and is your case still open? If so, what's happening in court?

Customer: replied 1 year ago.
I went to court twice and the sent me to these therapists and I am just wasting time and gas!!!
Expert:  Zoey, JD replied 1 year ago.

Well, you're not necessarily wasting your time, as from what you've said, you believe that she was the aggressor and that you want to clear your name. That, unfortunately, takes time because the wheels of justice do not move quickly. Also, since you blacked out and they called the police, there story likely was that you started the fight, which -- given that this took place on their property and not yours -- might be a reasonable conclusion for the police to draw.

Police need very little evidence to make an arrest and to have charges filed. The words of a believable complainant can be enough to give the police probable cause for an arrest and once they get it, as they appear to have done in this instance, they have no duty to look any further, even if down the road when all of the evidence comes out in court, that complainant turns out to be a liar.

So I understand why you're upset, but this is, unfortunately, how our system works. You'll get your day in court to challenge the evidence and the witnesses against you and, if you wish, to take the stand and discuss what really happened to you. But that comes during the hearing and trial phase of the proceedings and you're nowhere near that yet. Meanwhile, if you think that your lawyer isn't on top of your case and isn't willing to work to mount the best possible defense he/she can give you, what you can do on your next date is to tell the judge that you don't feel that your lawyer is interested in your case or in working towards what's in your best interest You can ask the judge to relieve your present public defender and appoint you a new one. A judge will generally grant one change of assigned counsel when there's a bad fit between the lawyer and client.

Before you do that though, you might want to see if you can get your lawyer to do more for you without having to involve the judge because the judge generally won't make more than one change. Most public defenders work for defender organizations and have supervisors. Call his or her supervisor and tell him that your lawyer isn't doing one thing to help you and you want to know why. Lawyers can get in trouble with their bosses just the way anyone else can. The supervisor will speak to your lawyer who should be willing to pay more attention to your case and your needs. If that doesn't happen, going to the judge is your next step.