Q: How do I litigate an improperly imposed 4th waiver?
I was arrested at home in San Diego, Ca. The charges are not drug, alcohol or violent in nature of which I bailed out. At arraignment, the DA requested a 4th waiver. I am not on probation or parole. The judge requested the DA state the lawful reason but the DA could not. The judge said he had no legal reason to do so but would do so on the err side of caution. I refused to waive my rights and he imposed it on me. According to several cases, this is abuse of discretion such as United States Court of Appeals, Ninth Circuit.
UNITED STATES of America, Plaintiff-Appellant, v. Raymond Lee SCOTT, Defendant-Appellee. No. 04-10090. Decided: September 09, 2005.
How do I appeal or litigate this issue before trial? My public defender doesn't want to go through the hassle of the hearings and refuses to file any motions or even return my calls or reply to my emails. Can I litigate it in federal court? If so, how?
A: You can hire private counsel. Or, you can appeal the decision yourself. As the case is a CA state court matter, federal court is not an option for an appeal. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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