Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

For Paul JD, Paul. Do I have the right to go view the evidence

in a case that does...
For Paul JD, Paul. Do I have the right to go view the evidence in a case that does not involve me? Like can I go view the evidence and video they say they have in someones case? If so how do I do this? This would be public information and my right isn't it? or is this also technically my right, but not in reality and won't be let to view it? Lol
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
9/27/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,971
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your new question.

No, the evidence is not public information as it is an open and ongoing case before the court. Until the evidence is actually introduced and admitted by the court and the case is closed, the evidence is not available to the public. You can only view the evidence through her attorney if she gives her attorney written consent to share it with you.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Ask Your Own Family Law Question
Customer reply replied 4 years ago

but with her consent and her with me they can not refuse can they?

Thank you for your response.

If she tells her attorney she wants him to show you the evidence then he can do so and if not she can bring you with her and ask the attorney to show her the evidence and he has to show her the evidence and if she wants you present he has to do so in your presence.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

they have never given him the video they testified they have. he said she would have to go to the sheriffs dept to see

Thank you for your response.

That is HIS JOB, it is HIS JOB to get the evidence, he is her attorney for gosh sakes (sorry, but lazy attorneys anger me a bit). She needs to tell him in writing she is instructing him to obtain any video evidence and all evidence in possession of the DA as part of her representation and that if he refuses to properly represent her she will have to consider filing a malpractice complaint against him.

The sheriff will not give her or you the video, they will require the DA to do it or her attorney getting a subpoena from the court for it.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

She asked her attorney yesterday, he asked why she wanted to see it and he would have to call county attorney first and he would let her know what he says.

Thank you for your response.

See: Brady v. Maryland, 373 U.S. 83 (1963), prosecution must disclose ALL evidence both inculpatory and exculpatory against the defendant. Failure to disclose the evidence is grounds to vacate any verdict of guilt.

Tell the attorney it is his legal obligation to her as his client to get all of the evidence for her to review.

If he refuses, then it is time for her to file a complaint for malpractice against him with the State Bar.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,971
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thanks Paul. This is her 3rd court appointed attorney, they are all the same and work with the county attorney. This is why all my questions. I don't mean to make you angry, however I am glad to see it does someone else besides me. This is why I try to help some of these people. And me being a nobody it is hard, but i can say I am a fighter and like a challenge. I am hoping to stir up enough that it will catch someones attention that will address this counties serious problems and do something about. I know the chances of that are slim and none, but I feel I have to try. So far you have been my only help by answering my questions and teaching me a little about the law in your answers. And for that I again Thank You.

Thank you for your response.

I would also call the state bar and ask if they have any pro bono attorneys who take criminal cases on their list of pro bono volunteers and see if you can find someone else to maybe step in and help her as it does not seem these attorneys really care too much.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,971
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Paul can she in writing tell her attorney I have her consent to ask him about anything concerning her case and how he plans to fight this in court? Along with view evidence. Have Full access to see she gets represented as she should?

Thank you for your response.

Yes, she can give her attorney written consent to disclose and discuss the case with you and specifically state that she gives him her consent to disclose the evidence to you and show it to you before trial along with discussing his strategy in the case.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

This guy filed a motion to withdrawl right after appointed and it was denied. So I know he is not working that hard on it. And I will call a spade a spade. Lets say I am not shy or afraid to speak my mind. With respect of course. Pretty sure this won't make him all that happy. He is a custom to ignoring her and just giving her lip service and doing nothing. And with PT 10/8/13 Trial 10/23 there isn't time for that anymore. this case will be a yr old on 10/9/13. Should be interesting. Any advice you have I couldn't thank you enough.

You need to file a complaint with the state bar against him for malpractice and this would force the court to replace him, especially if he is not getting her evidence and is not properly defending the case. This would cause the case to be continued as well because they would be forced to appoint a new attorney based on her malpractice complaint against this one.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

Been asking for the evidence since the beginning. Have filed complaint on one attorney so far to get him replaced. this is third attorney and still haven't got to see there evidence. The state mentions this video they have all the time. In deps, the suppression hearing, stated it in motion to dismiss. This attorney during motion to dismiss kept telling her to shut up during hearing when she kept mentioning it to hear attorney. At end of hearing he states to judge cause judge saw him telling her to shut up. "What she is asking me about is in her motion to dismiss in file." In that motion to dismiss was also the contempt by the state when the judge ordered her to be personally brought in front of the court the first Tuesday following arrest by warrant. Judge ruled that initial appearance was held the day following arrest. which was a Friday. And she wasn't there. the jail didn't allow her to go. Magistrate set new PT, Trial, and bond review hearing and writes on paper 2 copies handed to sheriffs dept. And her pro se motion to produce that was denied. the state has provided all evidence to defendants counsel. But a month later her attorney filed a motion to produce and it was granted. But still don't have video or have seen it. And the judge says about the defendant concern regarding the representation she has received from court appointed counsel, on the 3rd one. the court has addressed that in multiple proceedings. I am assuming meaning they appointed another shitty attorney. So rules her motion to dismiss lacks merit. I would think when a judge orders she personally being brought in front of the court, that is what it means, not a magistrate set new trial dates and hands copies to the sheriffs dept to take back to the jail for her cause she wasn't there. it was 28 days before she personally got to go in front of the court after being arrested for violating special conditions of pre-trial release. even though on her papers for pre-trial release it states right on it there are no special conditions.

Thank you for your response.

This is why I said to file a malpractice complaint against this attorney too. The state is compelled to provide copies of all of the evidence, Brady v. Maryland remember, so it is her attorney's job to get that evidence for her to review and to properly defend her and he is not doing that. At this point another attorney can be no worse than what she has now.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

I will tell her we need to do it again. Don't know what she will say, or if she can handle this stress. She has a heart condition since birth. She qualifies for a transplant but won't do it. I bet since this started, I can say she has aged 5 yrs or more in looks that I have noticed. She pretty much isolates her self anymore. They have done their job in breaking her down. like they would in a POW camp to get a confession. Twice now I have talked her into not giving up or kept her from just running. Not sure I can do it to many more times before she shuts me out as she has pretty much her family

Thank you for your response.

I understand this is stressful on her, but it would be certainly much less stress than being convicted for something she did not do because she has a negligent, lazy or incompetent attorney right now.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

I agree. What sucks is she knows she broke the law and confessed to it. If they would have just charged her with the crime she confessed to, it would have been done and over. But they wanted her to become an informant and she won't do it. They thought looking at a felony and prison she would roll. So they would hold her jail for made up violations. then when it didn't work and she asked me to help and I start calling their bluffs after they are beyond the point of return it was on. Lol boy the county attorney is mad. He knows with any kind of an attorney that won't work with him, and the truth comes out. They will be open for some good solid law suits against him and the officers. So thanks again. I know what needs to be done, all I can do is pass it on. In a way I wish I was different, instead of that guy that can't turn away someone that is down and out, or will give up what I have if it will help someone else. I have realized no matter how hard or much I work I will never prob have anymore then I do now, when there are so many people that need it more then me. I just can't walk away, I would feel to guilty. I can thank my mother for that. Lol


Have a great day Paul>>

Thank you for your reply.

You are preaching to the choir, I agree with you and why her attorney is not fighting for a misdemeanor plea bargain I have no idea. You need to convince her to make another malpractice complaint and get rid of this attorney to make the court appoint her a new one or even call the bar and ask for pro bono attorneys from a nearby county who would be willing to assist her and as I said, they cannot do worse than the one she has now because this one is doing nothing.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,971
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 120,971
120,971 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Representing myself Pro-Se. On Dec 29th I filed a motion
Representing myself Pro-Se. On Dec 29th I filed a motion Concerning Parenting Time Disputes. Not thinking, I included as one of my bullets to be considered by the court, "I request an order scheduling… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,237 satisfied customers
This is for a FL divorce lawyer: We are filing pro-se the
Hi, this is for a FL divorce lawyer:We are filing pro-se the forms for an Uncontested divorce with no children or property. The question is, on the form entitled "PETITION FOR DISSOLUTION OF MARRIAGE … read more
DrakeLAW
DrakeLAW
Juris Doctorate
964 satisfied customers
My pro se points are due in just a few short hours, on an
My pro se points are due in just a few short hours, on an appeal. I need help ASAP. I live in arkansas. i have valid points of reversal. i need help writing this out, i have the breif report and my no… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,971 satisfied customers
Only please: Is there any case law which awards Pro Se
This question is for Ray only please:Is there any case law which awards Pro Se representative $/hour of the pro se's time. This is because of the cannibalized work income. In cases *(such as my NJ Fam… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I cant afford an attorney :( im pro Se. FL. family law i
FL. family law i have a temporary visitation/communication with my son hearing. … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,971 satisfied customers
I am a Pro Se defendant in a divorce case. We were married
I am a Pro Se defendant in a divorce case. We were married 32 years. We have three adult children 29, 28, 22. I go before the judge on Friday for a pendante lite motion. During the marriage, the past … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,307 satisfied customers
I'm trying to find the pro se form for a petition to
I'm trying to find the pro se form for a petition to domesticate a foreign judgment from Florida to Georgia … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,971 satisfied customers
I am in Pro Se status and have been filing motions with the
I am in Pro Se status and have been filing motions with the court. Opposing counsel just contacted me saying she has filed a notice of absence from this week and that I should not contact her anymore.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,237 satisfied customers
I am currently in Pro Se status. I have read that opposing
I am currently in Pro Se status. I have read that opposing counsel must be careful not to give legal advice to me while in this status. What avenue can I take if she does give me legal advice? As in, … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I am plaintiff pro se. Do Admissions (for Discovery) have to
I am plaintiff pro se. Do Admissions (for Discovery) have to be notarized after they are completed? Does having the defendant have to notarize the Admissions? Does notarizing them add legitimacy to an… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
A defendant, in a case I am the pro se plaintiff, answered
A defendant, in a case I am the pro se plaintiff, answered my Admissions by Admitting what I need to prove. She is only one of many defendants, but her Admission is the most significant since it invol… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I'm a pro se in a divorce and we are coming to formal
I'm a pro se in a divorce and we are coming to formal discovery phase. My husband's attorney filed her timesheet a few months back and in it, it mentions that she billed my husband for drafting an aff… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
My pending (petitioner's pro se) motion is underway re
my pending (petitioner's pro se) motion is underway re Verified Motion to Modify Child Support; my employment income circumstances are fluid as a result of current employment disability absence of unc… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am trying to complete a pro se divorce in Kerr CCAL for a
I am trying to complete a pro se divorce in Kerr CCAL for a TDCJ inmate. The judge refuses to hear it or even issue any type of ruling.Ms. Griffith is currently incarcerated in TDCJ Hobby Unit in Marl… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Am pro se father re Colorado Child Support Modification
Am pro se father re Colorado Child Support Modification petition re emancipation 9-25-17, oldest of two daughters. Ex/former spouse still represented by same counsel from divorce process 8yrs+. Now wi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Im pro se. My ex has an attorney. She is adamant that she
Im pro se. My ex has an attorney. She is adamant that she will not follow the temporary visitation order that is in place. Im trying to reason with her but she keeps telling me to call her lawyer. Sho… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Woman represented herself (pro se) at trial & lost. Lawyer
Woman represented herself (pro se) at trial & lost. Lawyer filed a motion for new trial which was denied. Woman wanted lawyer to appeal trial ruling. Lawyer reminded her he was only going to help her … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am in the middle of a divorce proceeding as a Pro Se and
I am in the middle of a divorce proceeding as a Pro Se and the opposing counsel make these statement occasionally, which indicate she is more informed on me than I am.I don't know how the opposing cou… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x