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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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during a PFA criminal case clearly a he/she say case the defendent

Resolved Question:

during a PFA criminal case clearly a he/she say case the defendent never was given the opportunity to present his case to the judge because his lawyer started badgering the petitionor and the judge dismissed them from the courtroom, an placed the 1 yr restraint order against the defendent,no contact with his kids at all, what action should the defendent take and does that violate the defendents rights by not being heard or able to present his case because of the actions of his attorney?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.

Basically, he can file an appeal citing that his constitutional right to confront the witnesses against him as part of a trial was denied him by the judge. If the time for appeal has passed, he can file a post conviction petition on the same grounds.
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Customer: replied 8 years ago.
The 1 yr has passed and because the court refused to make changes to the PFA he never got to see his kids. And the chid custody case was based on who interacted with the kids more within the last 2 yrs. 1 yr he was serving in Iraq an the 2nd yr he had a restrain order agaisnt him. The judge based her custody decision on the last 2 yrs, so the attorneys action had a big impact on the judges decision, so could he suit the attorney
Expert:  Hammer O'Justice replied 8 years ago.
He can try to sue the attorney for malpractice. He should contact a local professional malpractice attorney for a consultation to see if he has a legitimate complaint. He could also file a complaint against the attorney with the state bar.