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the county office said I could not get copies of my arrest

Customer Question
records; the judge assigned a...
the county office said I could not get copies of my arrest records; the judge assigned a state appointed attorney to me, which i did not agree to work with and this individual was given these records, without my consent, and the clerk won't give me a copy,
Submitted: 7 years ago.Category: Criminal Law
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Answered in 3 minutes by:
3/1/2010
Criminal Lawyer: Dave Kennett, Lawyer replied 7 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27,689
Experience: 25 years experience practicing attorney
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DearCustomer- Once you are represented by counsel then your attorney can obtain the discovery. Unless your girlfriend is an attorney she is not entitled to do anything on your behalf. If you don't want to be represented by counsel you can tell the court you want to represent yourself however I believe that would be foolish. In any event, your attorney will provide you with the copies of the records, not the clerk of courts.

 

Dave Kennett

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Customer reply replied 7 years ago
Hi~At what point can I expect that I will be treated with respect because I am entitled to my information more than an attorney is entitled to it. It is infuriating that a court appointed attorney, that I have not qualified to have nor agreed to work with, can enter this system, get these documents about me and yet I cannot go into the same office and get the same information. This is not justice! This case is assanine and to pay $500 or more in attorney fees is ridiculous. The system is abusive and my symptoms indicate some trauma has started to evolve with the unfair and disrespectful treatment the justice system has subjected me to. Why can't I approach the DA to drop this case? I am intelligent person who can read court documents and understand my rights fairly well and it is discriminatory to suggest that an attorney is required when it is not.
Criminal Lawyer: Steinlaw, Lawyer replied 7 years ago
Steinlaw
Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1,811
Experience: I have represented individuals accused of crimes.
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Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

The prior expert is correct. You need to get the information from the attorney. You can go to court and "fire" the attorney by explaining you do not want a public defender. You can then request the discovery from the DA. Or you can get it from your public defender. But you cannot just go to the DA and ask him to drop the case. That will not happen.

Good luck.




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Customer reply replied 7 years ago

HI~

 

If I am representing myself why can't I approach the Deputy DA with a request to dismiss this misdemeanor? Isn't this a tad disciminatory-people don't have to employ or use attorneys, especially for something so minor, there is not an individual pressing charges, not a witness, nothing-but the cops being heavy handed and abusing their authority. What legally prevents a citizen representing herself from approaching the Deputy DA to dismiss this case. there is no history of similar charges and no history of any related crimes, or crimes at all. thanks.

Criminal Lawyer: Steinlaw, Lawyer replied 7 years ago
At this time, you are not representing yourself so the Deputy DA cannot and will not speak to you. As long as you have an attorney, the DA is not going to talk to you. Again, you can fire the public defender, but it requires you going to court, explaining why you think you can represent yourself and the judge having a hearing to determine if that is appropriate in your case. That should be your first step.
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Customer reply replied 7 years ago

I have never hired a public defender, actually, i do not qualify by income for one, but the judge assigned one to me anyway. I have never agreed to work with this person. so, that being said, are you saying that technically, i could approach the deputy d a with dismissal only if i am not represented, yet on the other hand this same information could be used against me by the DDA whether or not I have an attorney, if i should meet with him / her to request a dismissal of this case?

 

can this be dismissed without returning to court, dropped before the scheduled court date?

Criminal Lawyer: Steinlaw, Lawyer replied 7 years ago
If the judge appointed you an attorney, then this is your attorney. You cannot approach the DA. He has an ethical obligation to not speak to anyone represented by an attorney - including you. You can approach him if you are not represented but you need a court order for this first.

This could be dismissed by the DA if the DA chooses to. However, that is unlikely. Even a dismissal would require another court hearing as this must be put on the record.
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