It must be served on the prosecutor and the Attorney General at least ten court days before the hearing. In such a motion, defendant has a two-part burden of proof. First, he or she must show there is a conflict by showing circumstances that demonstrate “a reasonable possibility that the DA’s office may not exercise its discretionary ...
The deputy prosecuting attorney will present the prosecutor’s recommendation about whether the No Contact Order will be lifted or modified, and the court will make a decision on your motion. 4. What if the defendant is not in compliance with the sentencing conditions? Whether a hearing can be set is determined solely by the supervising Judge.
Jun 02, 2010 · If you do not go to your scheduled hearing, you may be ordered removed in absentia. If you find a new lawyer before your hearing date, the new lawyer should be able to accompany you to Court, and explain the situation to the Judge, and request time for another hearing, but again, it's at the discretion of the Judge always.
Sep 03, 2019 · If you have set a trial date and dutifully appeared on that day because you want a trial, and the officer just doesn’t show up, your case should be dismissed for failure to prosecute. That doesn’t mean that it will, however. Depending on who the judge is, whether the officer let someone know ahead of time, what their excuse is, and whether ...
The first thing that you should do if you want to hire a new lawyer is to contact your current lawyer and advise them that you want alternate counsel. If you can not work out things with your current lawyer, they should be able to file a motion to withdraw with the Court and you will be free to secure alternate counsel.
Keep trying to contact the attorney. When you go to court, assuming you have not been able to contact your attorney, tell the judge you want new counsel. I strongly believe your attorney will be in court as he/she can be sacntioned for not showing up without a Motion to the Court to Withdraw Represenatation.
But what happens if the officer doesn’t show up and they don’t have an essential witness? In most cases, the prosecutor will subpoena their witnesses – if there is a prosecuting attorney on your case, the officer probably will show up on your trial date or at least be on call.
Depending on who the judge is, whether the officer let someone know ahead of time, what their excuse is, and whether it has happened before, the court might dismiss the case, or they might continue your case until the next term of court. Unfortunately, it also makes a difference if you have a criminal defense attorney advocating for dismissal ...
Clients who pay for their own representation can fire their lawyers, but practical considerations may get in the way.
My lawyer doesn't seem to be very interested in my case. I'm worried that he is not representing me as best he could, and I'll be the one paying the penalties for it. Can I change lawyers after I've hired one?
Defendants who hire their own attorneys have the right to discharge them without court approval. Whether the breakdown in the relationship is due to failure to communicate, disagreement about strategy, or something else, a defendant does not need to show good cause or even justify the decision to discharge to the lawyer.
A judge who is prejudiced or biased cannot fulfill his or her responsibilities, or the expectations of the public, without violating these principles. Even the appearance that the judge is biased erodes the public’s confidence that court proceedings are fair.
In particular, judicial ethics codes say that judges may not preside over a case when, as here, they were previously a lawyer in the case or were associated with the lawyers in the case, or when they have personal knowledge of the facts of the case from a source outside the court proceedings.
If you receive a notice from the court or a letter from the other party informing you that your attorney has missed a due date, there may be a problem. While lawyers do make mistakes, missing a due date can have a serious negative effect on the outcome of your case. Arriving late or unprepared for hearings.
After you hire a lawyer, it’s possible that problems can develop and your relationship can break down. For example, the attorney may fail to vigorously investigate all aspects of your case or fail to meet crucial filing deadlines.
Speak honestly with your attorney about your concerns. Try not to accuse anyone of malpractice, but do be honest about your frustrations with the representation. Refer to your notes if necessary, and be sure to address all of your complaints. Listen objectively to your attorney’s explanations.
The Rules of Professional Conduct include: Competence. An attorney must be competent in the area (s) of law required to represent each client. If a lawyer does not possess the knowledge or skills required to represent you, he or she should not take your case or should retain competent co-counsel. Diligence.
In California, “the file” includes “the client paper and property” including “any items reasonably necessary to the client’s representation.”. Depending on your state, you may have to pay for the cost of copying the file.