Q: What can I do to get my case seen in court or to have it dismissed when It is a pending Felony, waiting on indictment?
I paid a lawyer $5000 assuming that his legal advice would be the best solution. I wanted to be seen in court asap and to prove innocence and not have to wait on indictment. I wasn't aware that either way I had to wait on indictment. I was under impression that waiving my show cause hearing would automatically send case to higher court and indictment be served and court date reveived. But no. It has been over 1 year and shows on all background checks as pending felony, this has been preventing me from obtaining employment, even though I have no indictment or court dates. What if they never decide to serve me an indictment? Since it will show on background check and prevent me from getting hired places how is that ok? why should I be punished for a crime I am not guilty for nor do I have official indictment for ? Is this considered pre-indictment delay situation ? I am a person that has a faimly and bills, I could lose it all, my savings is gone. June 2023 original charge date
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I'm really sorry you're going through this difficult time. It's important to reach out to your current attorney to discuss the delays and express your concerns about the pending felony status affecting your employment. Make sure they are actively working on your case and ask for a clear timeline or any possible actions to expedite the process.
If you feel your lawyer isn’t addressing your needs, consider seeking a second opinion from another attorney who can review your situation and possibly offer different strategies. You might also explore whether there are any motions to dismiss your case based on lack of evidence or procedural issues that could help clear your record.
In the meantime, look into resources that can help with employment issues related to your background check. Some organizations assist individuals in navigating these challenges and may provide support while your case is pending. Taking these steps can help you manage your current situation and work towards resolving the legal issues you're facing.
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.
