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My girlfriend had a lawyer that wouldn't forward a motion in…

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My girlfriend had a...

My girlfriend had a lawyer that wouldn't forward a motion in court on her behalf . she is currently in prison in Washington sate for possession charges and intent to distribute . she has serves 5 yrs already and said if the lawyer would have forwarded the motion that was written byher previous lawyer , that she would be out of prison by now . she wants to know the technical term for a lawyer that wont file a motion on her behalf . what the term is called for this uncooperative lawyer who is a public defender appointed to her . also how is she to go about getting a different lawyer if the one she has doesn't do what she asks and doesn't communicate . she wants the leagal term for for this lawyers inactions on her behalf so she could look up the case laws associated with it so she can some how get her case to move forward and she until march of next year to get it done .

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Like the statement said " she is in prison in Washington state " did you even read my entire post ?

Lawyer's Assistant: Have you talked to a lawyer yet?

Derrr , now I realize im talking to a computer so just send me where I need to pay to talk to a REAL person please

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That this automated service is a joke and slightly iunsulting to me

Submitted: 7 months ago.Category: Criminal Law
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Answered in 1 minute by:
10/4/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,498
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 7 months ago
im a speaking with a real live person ?
Customer reply replied 7 months ago
sorry cant spell lol. no not calling you . too much money for a site that says this cannot be real legal advice
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Last I looked, I was very much alive. Please give me some time to type an answer.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Your girlfriend is entitled to the effective assistance of counsel. If her lawyer won't communicate with her and won't perform what he's professionally obligated to do, that would be ineffective assistance. If her public defender works for a defender organization, he or she has a supervisor. She can call that supervisor and demand that she has her needs addressed. It's possible that the supervisor could substitute another lawyer from the office to handle her matter. Otherwise, she would need the judge to appoint her a new free lawyer.

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Customer reply replied 7 months ago
she says that the prosecutor in the case wont allow the motion to move forward into court . and that her lawyer doesn't communicate with her at all since he cant get the motion to move forward and he said if he tried to do it and pressed the matter more that it would be too m uch drama for him to bear . so she needs to set a court date to ask the judge for another lawyer ? and how does she do that ? and what is the leagal term in case law associated with inaffective counsel ?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

If a defendant is represented by counsel, then he or she cannot file a motion on his own behalf. Her lawyer would have to adopt that motion as his own before the court would accept that.

Ineffective assistance of counsel IS the legal term of art for when a lawyer does not carry out his or her professional obligation. Again, if the lawyer has a supervisor, this can probably be ironed out and that's who she should be talking to.

Otherwise, she can ask her lawyer to get the case on the calendar so that she can get a new lawyer. That's actually, how these things are done. The lawyer's feelings won't be offended. It won't be the first time he's been asked to step off a case, and it won't be the last. It's an occupational hazard with criminal defense attorneys.

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Customer reply replied 7 months ago
who would you recommend to take up this case if I was to hire a private lawyer ? she is in Washington sate at gig harbor correction center for women . I live in Alaska and wont be able to travel for counsel and thank you for your time . I was real leary / apprehensive about using this type of service over the net
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

We can't, unfortunately, make referrals to lawyers or specific law firms. It's a violation of the site's terms of service.

However, if you can hire her a private lawyer, I can direct you to the same sources that lawyers themselves use when they need to consult with a lawyer in another state or specialty and don't know of any. Contact the Washington state Bar Association's Lawyer Referral Service. They guarantee you a lawyer in good professional standing with his licensing authority and their referral fee of around $50 includes a free half hour consultation with the lawyer. You can have that over the phone from Alaska.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=WA

There are also commercial legal referral services if you want a wider selection. One that has been around for a long time and is well-regarded is www.Martindale.com. Many of Martindale's lawyers are rated by peers and clients to help make it easier for you to narrow down the field.

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