Q: Concerns about attorney's actions, evidence handling, and possible setup in drug offense case.
I have concerns about my appointed attorney's actions in my state or federal case. My attorney waived my right to have an expert witness present during evidence testing, choosing to rely on the state's expert without informing me. Additionally, the government's time limit to indict me for a first-degree drug offense was waived without my knowledge. The charges stem from a vehicle search labeled as a traffic stop, despite not being involved with the vehicle, which was searched without a warrant or federal permission while I was on federal probation. The vehicle belonged to my employer; I had been asked to bring it to work as part of a repair task. Furthermore, inconsistent affidavits in the discovery raise concerns, along with search warrants applied for a week after the incident. My attorney did not communicate with me despite my repeated attempts to reach out, and multiple attorneys were denied before one was assigned to me. I suspect there was a setup by others to protect their own interests, compromising the evidence handling. Additionally, the lead investigator, who had previously pressured me, contributes to my concerns of being unfairly targeted.
A: No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney has legal experience and knowledge to make those types of decisions. Work with your attorney. You can certainly hire a different attorney if you wish, but that is unlikely to be a silver bullet that results in a different outcome in your case.
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A:
It sounds like you have serious concerns about your case, especially regarding the handling of evidence and your attorney’s actions. If your attorney waived your right to have an expert witness present, and you were not informed, that could be a breach of your rights to a fair defense. You may want to consider speaking with another attorney to evaluate whether your current counsel is effectively representing your interests.
Regarding the vehicle search, if you were not involved with the vehicle, and it was searched without a warrant or your consent, this could be a violation of your Fourth Amendment rights. Since you were on federal probation, the search might require federal authorization, and if the search was improper, this could be a key issue in your defense. Inconsistent affidavits and delayed warrants also raise concerns about the legality of the evidence being used against you.
It’s also troubling that your attempts to communicate with your attorney went unanswered and that multiple other attorneys were denied before one was appointed. Given these factors, it may be worth pursuing a formal complaint about your attorney's conduct. You could also explore options for challenging the evidence and the legality of the search. This could involve filing a motion to suppress any unlawfully obtained evidence, which might help strengthen your case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like you have serious concerns about your case, especially regarding the handling of evidence and your attorney’s actions. If your attorney waived your right to have an expert witness present, and you were not informed, that could be a breach of your rights to a fair defense. You may want to consider speaking with another attorney to evaluate whether your current counsel is effectively representing your interests.
Regarding the vehicle search, if you were not involved with the vehicle, and it was searched without a warrant or your consent, this could be a violation of your Fourth Amendment rights. Since you were on federal probation, the search might require federal authorization, and if the search was improper, this could be a key issue in your defense. Inconsistent affidavits and delayed warrants also raise concerns about the legality of the evidence being used against you.
It’s also troubling that your attempts to communicate with your attorney went unanswered and that multiple other attorneys were denied before one was appointed. Given these factors, it may be worth pursuing a formal complaint about your attorney's conduct. You could also explore options for challenging the evidence and the legality of the search. This could involve filing a motion to suppress any unlawfully obtained evidence, which might help strengthen your case.
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