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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116716
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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For Paul JD, Paul. Do I have the right to go view the evidence

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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
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.

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Customer: replied 3 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.
Customer: replied 3 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.
Customer: replied 3 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.
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Customer: replied 3 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.
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Customer: replied 3 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.
Customer: replied 3 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.
Customer: replied 3 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.
Customer: replied 3 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.
Customer: replied 3 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.
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