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My girlfriend was charged with a criminal offense and is…

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My girlfriend was charged with...
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction she got about three years ago. She is looking to fight the charge as she is not guilty and the evidence is bad and fabricated. There are many avenues to dispositive information that her attorney does not want to pursue or is too lazy to do. Question: how does my girlfriend (or better yet, me) make her lawyer do as she is being told? How do we make her lawyer follow her orders?
Submitted: 4 months ago.Category: Criminal Law
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Answered in 2 minutes by:
1/13/2018
Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago

You can't make him do anything, the lawyer doesn't even have to talk to you if they choose not to since you're not their client. Realistically the client can't "make" the lawyer do anything either. However, there are some tactics they can use such as sending a list of instructions to the lawyer and keeping a copy for herself.

There are limitations on what a court appointed attorney can do though. For example, to hire an expert witness the lawyer would have to file a motion with the court and get the court to award a fee. If the judge won't grant the funds to hire the expert then there's nothing the lawyer can do.

Also, the lawyer is prohibited from filing motions or pursuing matters in which they don't have a good faith belief. Just as an example there was a law passed in Texas which stated a case must be dismissed if not brought to trial within 60 days. However, the courts immediately declared the law unconstitutional but the law is still on the books and lawyers often get clients demanding that the lawyer file a Motion to Dismiss based on that statute but the lawyer is obligated to refuse because it would be a frivolous filing.

If you have any specific issues that you want to know how to get the lawyer to move forward on them please let me know.

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Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
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Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.

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