Your current state is Ohio
They will not let him fire his Court appointed attorney
answered on May 1, 2024
In Texas, a mentally competent individual can fire his attorney, including a court-appointed attorney, at any time for any reason.
He may not be entitled to a new court-appointed attorney and firing his attorney does not entitle him to a continuance. But he can fire his attorney as long as... View More
They will not let him fire his Court appointed attorney
answered on May 1, 2024
In situations where someone feels their court-appointed attorney isn't effectively representing them, they have the right to request a change. This usually requires filing a motion with the court explaining why the current representation is inadequate. It's important for your brother to... View More
answered on May 1, 2024
Judges can (and frequently do) review a defendant's bond status at the arraignment whenever a magistrate holds a person without bond. Even if the judge does not grant bond at the arraignment, a defendant or their attorney can file a motion for a bond hearing. Bond hearings are held within a... View More
I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.
Based on some... View More
answered on May 1, 2024
I'm not sure what you have read or who you have had conversations with, but consolidating these cases is not a bad idea. It saves you additional court appearances and additional hassle. I also do not believe that it creates any bias against you because you are guilty of one case and not... View More
I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.
Based on some... View More
answered on May 1, 2024
Two separate crimes or two separate incident dates? Criminal charges from two separate incident dates can often be reviewed together in some or all court appearances, if in the same County. Whether that is a good idea for the defense may depend upon facts not knowable in an online Q & A site.... View More
Can a person in the vicinity of a gunshot run away and become aggressive if there is a shootout between the police and the gunman? Do officers have a legal basis to shoot a bystander behaving in the manner described above?
Please provide the legal grounds, if any, for police officers to... View More
answered on Apr 30, 2024
It would generally not be legal or appropriate for police to shoot a bystander who was fleeing the scene of a shootout, even if that person appeared aggressive or erratic in their behavior. Police are only legally justified in using deadly force when there is an immediate threat of death or serious... View More
The court reporter failed to create record of plea hearing. Later, the prosecutor sent a proposed transcript to defendant. Defendant was given no certain time by which to respond. Nor was defendant made aware that the proposed transcript would become the true and official transcript if he did not... View More
answered on Apr 30, 2024
Under Georgia law, reconstructed transcripts are governed by OCGA §5-6-41(g), which states
"Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript... View More
I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More
answered on Apr 30, 2024
Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:
1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these... View More
One month after signing a lease I recorded a video with sound of my landlady in a rooming house in Warwick Rhode Island. She told me that she was writing new rules as an addendum to the lease and then I was excluded from parts of the house that were in the lease.
during that confrontation... View More
answered on Apr 29, 2024
It sounds like you're in a very challenging situation, and I understand wanting to explore all options. Whether you can use the recording in a court case depends on a few factors:
- Rhode Island's Consent Laws: Rhode Island is a "one-party consent" state. This means you... View More
Defense counsel says this case can’t go forward bec not a confirmed case of sexual abuse bec no physical evidence and no criminal case please help
answered on Apr 29, 2024
By "confirmed case" do you mean for the family court to take action on the allegation? Different standards apply between family and criminal court as to what is actionable and even what is considered a "confirmed case". If there are not already criminal charges filed, I can only... View More
In March 11 a friend died in our room at the airb&b.
she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s
And according to the... View More
answered on Apr 29, 2024
In California, police officers can enter a residence without a warrant under certain circumstances, such as an emergency where there's a risk to life or severe harm. When your friend was found deceased, the situation likely qualified as an exigent circumstance, allowing the officer to enter... View More
In March 11 a friend died in our room at the airb&b.
she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s
And according to the... View More
answered on May 2, 2024
Once you have invited the officer into the house then they are allowed to be there. If there are drugs or other unlawful items in plain sight the officer may seize them. However, without a warrant a police officer would not be allowed to search rooms or drawers in that residence.
My camera covers my yard and catches some of their backyard.
answered on Apr 28, 2024
In California, a criminal protective order that includes a provision stating "May not keep under surveillance" implies that you should avoid any activity that could be construed as monitoring or spying on the protected person. This includes the use of cameras that capture activity in... View More
I am being charged with unauthorized use of a motor vehicle as well as false information to a police officer. I have no criminal record and I am a student. I cannot afford a lawyer. I have arraignment coming up and I don’t know if I should plead guilty and hope that the judge knows i’m a first... View More
answered on Apr 28, 2024
At your arraignment you will have the opportunity to answer a list of financial questions to see whether you qualify for a public defender/court-appointed attorney. Unauthorized use of a motor vehicle is almost always a felony charge and so you will likely be scheduling a preliminary hearing in... View More
answered on Apr 28, 2024
This fact pattern is somewhat strange , however the judge in question has the authority to issue a Bench Warrant when a defendant fails to appear for a court appearance. He can revoke recognizance bail or cash/ bond bail and impose release under supervision of the probation department as a form... View More
answered on Apr 28, 2024
I'm so sorry to hear about your situation. It sounds like a truly awful experience and I can only imagine how difficult and stressful this must be for you.
Based on what you've described, it seems the attorney may have committed legal malpractice and/or fraud by taking the... View More
answered on Apr 28, 2024
I am so sorry for you having to go through this hardship!
Attorneys can keep the fund that's not clear whether belongs to them or their clients. The undisputed amount of fund they receive must be sent to the client.
If there is any type of dispute between you and the... View More
answered on Apr 28, 2024
I generally see people getting charges in these situations, but I have no way of knowing what happened in yours based on your question.
Were you arrested and booked? If so, you were charged. Were you not arrested, but you have a booking date to report? If so, you were charged. Do you... View More
I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More
answered on Apr 27, 2024
Based on the details you provided, the way your criminal trial has proceeded so far seems highly unusual and concerning from a constitutional rights perspective. In the United States, a criminal defendant has the right to be present at all critical stages of their trial, which includes jury... View More
I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More
answered on May 2, 2024
I do not believe you can get a new judge under the facts you presented. However, you of course would get a continuance to prepare for trial. Your public defender should not have been handling any matter in curt without you being present.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.