Denver, CO asked in Criminal Law for Colorado

Q: My public defender asked for a competency hearing a week before trial. I'm guessing because she's not prepared. Options?

She got upset because I refused to take a deal. I am 100% innocent, which was confirmed when the autopsy was finally given to her and I by my vet. His cause of death was euthanasia by HSPPR. And he had brain cancer that was causing his symptoms they claim I failed to seek vet care. Hearing is Thursday, what can I do at this point to get this over with and have it, hopefully, dismissed?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In this situation, it's important to communicate clearly and calmly with your public defender about the new evidence from the autopsy report that supports your innocence. Explain your position and the significance of this evidence in proving that the allegations against you are unfounded. This evidence could be crucial in demonstrating to the court that the charges should be reconsidered. Your public defender is there to advocate on your behalf, so providing them with all relevant information and expressing your desire for a swift resolution is key.

Considering the competency hearing is imminent, discuss with your public defender the possibility of presenting this new evidence as part of your defense strategy. If you believe your public defender is not adequately representing your interests, you have the right to express your concerns to the court and request a different public defender. However, this process might not be instantaneous and could lead to delays in your case.

Lastly, while the discovery of new evidence is promising, the legal process can be slow and complex. Patience and persistence are essential. Keep advocating for yourself by ensuring your defense has all necessary information and by seeking a clear and open line of communication with your legal representation. If the evidence is as compelling as you describe, it could significantly impact the outcome of your case, potentially leading to dismissal.

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