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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32319
Experience:  Began practicing law in 1992
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I have a friend that is currently incarcerated cancelled

Customer Question

I have a friend that is currently incarcerated for tag cancelled (which it was not) and a brake light dim. She was on probation in another county and had a warrant for not paying a fine which she was to pay the next day upon rec'ing her disability ck. Another person was in the vehicle with her who also had an outstanding warrant for childsupport. The vehicle belongs to me but had not been recorded in my name due to small amount still owed on the car. I arrived when they had put them in back of police car and officer said he was inventorying my car. He said he saw some contraband between passenger seat and console (which doesn't have a console). He then began to search even though he knew I was there to get my car. He left used needles and allowed me to take the car home after his search. The passenger took the blame for ALL illegal substances but both were jailed His was bailable but my friends was not. In PC hearing I was to be a witness but was not allowed. The officer lied as to where he found some things as well as the tag. The Public Pretender would not bring any of the discrepancies up. Can she get another PC hearing? The other person told his atty that he wanted to exonerate her but he didn't do that. Where do I go from here. She's on chemo and in terrible pain.
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I only see one question, "Can she get another PC hearing?", was that the only question you have?
Customer: replied 6 months ago.
She goes this Tues. for VOP on another case from Jan. which she couldn't do requirements due to being in jail. Her atty has asked for it to be turned over to drug court on Thurs. Same judge over both days. How should she plead on VOP's and I know NO ONE has ever completed drug court. If she doesn't agree to drug court, how long does she have to remain in jail and can I fire her atty and ask for another court appt one?
Customer: replied 6 months ago.
It's a domino effect for the officer lying about the tag being cancelled.
Customer: replied 6 months ago.
How do I access GCIC to see if he actually called them to ck tag?
Expert:  Dwayne B. replied 6 months ago.
You can't fire her attorney, she would have to do it and the court would have to grant permission. In addition, judges are reluctant to allow people with court appointed attorneys to fire them and get another one. It happens sometimes but the judge won't like it. As to how she should plead, we can't give that advice. That can only be done by her attorney who is familiar with all aspects of the case. However, if she was jailed during the time period in which she was supposed to do the requirements the judge isn't likely to violate her. There is also no way I can tell how long she will have to remain in jail since I don't have any of the information regarding her sentence, etc. However, she should be able to get a hearing on all issues pretty quickly and then the judge will either order her released or will sentence her. All of the time she is spending in jail now will count against her sentence. As to finding out if the officer called to check the tag, the lawyer will have to ask for a copy of the call log as well as the recording from the call. That can be done through the discovery process. The lawyer will have to file the Motion for Discovery and then have a hearing on the matter if the prosecution doesn't agree. The judge will then sign the order and give the prosecution a date by which the materials must be provided. There is no way for you to access GCIC yourself. As to the original question "can she get another PC hearing", the answer is no, not as phrased. The lawyer can file for a rehearing but that's not the same as a "new hearing". The result would be the same, but procedurally it is different.

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