who would u talk to to go over a district attorney

by Amanda Carroll 3 min read

What should I talk to the district attorney about?

May 21, 2021 · We cannot stress enough the importance of consulting and retaining a lawyer to protect your rights, privacy and future. Need a Criminal Defense Attorney? CALL NOW: 310-274-6529. Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.

What does it mean when the district attorney is convinced?

Talk with the district attorney quickly if any concerns develop. Don't hesitate to go over his or her head quickly if you're not getting the responses that justice demands. Go to the head of the violence against women prosecution unit or to the chief deputy district attorney, and if that doesn't work, go to the District Attorney.

What happens when a district attorney meets with a victim?

Feb 07, 2020 · Typically you'll talk to a receptionist or legal assistant before you talk to the attorney. However, some solo practitioners answer their own phones. If you talk to a receptionist or legal assistant, let them know the name of the attorney you want to speak to. At some small firms, they will simply answer the phone "law office."

What should I do if the district attorney wants a preliminary hearing?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-19_10-08-26. One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are ...

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How do I file a complaint against a district attorney in California?

Filing an attorney complaint

You may also call the State Bar's multilingual intake hotline at 800-843-9053 (in California) or 213-765-1200 (outside California) to request a complaint form or discuss the complaint-filing process. There is no fee for filing a complaint, and you do not have to be a U.S. citizen.

Is it a good idea to talk to a prosecutor?

Talking to the prosecutor can be a make-or-break moment for your case. The chances are that you and your criminal defense attorney have concluded that there is some benefit to be had from a face-to-face meeting where you submit to questions.Feb 25, 2021

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What does the district attorney do in local government?

In carrying out their duties to enforce state and local laws, ADA have the authority to investigate persons, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals.

Can I speak directly to the judge?

Why can't I communicate directly with the judge on my case? Judges are not allowed to communicate with individual parties on their own. This is what the law calls an ex-parte communication. In order to keep the court process as fair and transparent as possible, this type of communication is strictly forbidden.Dec 4, 2020

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

What is one reason prosecutors may decide to dismiss cases?

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

What happens if charges are dropped before court?

If your charges are dropped, it means that, at least for now, you won't have to go to court to face them. You're free to be released if you're being detained. However, a prosecutor may decide to bring the charges back against you in the future, making it important to be aware of the risks going forward.Apr 26, 2021

Can a judge dismiss a case?

If the grand jury or the judge do not find probable cause, then the charges must be dismissed. when prosecutors have very limited evidence against a defendant in a criminal case, they may conclude that they do not have enough evidence to move forward in the case and dismiss the charges on their own.

Is a district attorney a lawyer?

The D.A. or District Attorney is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also, of course, defense attorneys in America who act on behalf of their clients.

Is district attorney elected?

Depending on the state, an elected prosecutor may go by titles like “District Attorney,” “State Attorney,” “Prosecuting Attorney” or “County Attorney.” They are elected to 4-year terms by the voters in the county or local district that they serve.

What's the difference between attorney and lawyer?

For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.Oct 22, 2021

What happens when a district attorney files charges?

Once the district attorney files charges, the case enters the prosecution phase. In the prosecution phase, the district attorney takes the case into the courtroom and works to prove that the defendant is guilty of the crimes that have been charged. Before getting into the details of prosecution, it's worth a minute to note that the filing ...

What does a district attorney do at a settlement hearing?

At the settlement hearing, the district attorney seeks to get a conviction on the charge(s), or, at least, tries for a good deal on lesser charges. The defense attorney, public or private, is more than likely aiming for a dismissal, or for a good deal on lesser charges. And the judge will be pushing to move things along.

Does a victim have to rely on her own words?

The victim no longer has to rely solely on her own words to show that she has been a victim of a crime or that the named defendant is the likely perpetrator. She now has an official document on the public record that the district attorney, after reviewing the evidence, is convinced that the defendant did the crime(s).

Can charges be refiled if dismissed?

And if a case gets dismissed, charges can be refiled, up to a certain point in time, if new evidence is obtained. Don't hesitate at any point to argue for amending charges in your case, including by going to the attorney's supervisors.

Is it a crime to try to dissuade a victim?

Attempting to dissuade a victim is a crime! Attempting to dissuade a victim or any witness from testifying or appearing in court is a crime, even when there is no use of force or threat of force. In California, the Penal Code section for this crime is PC136.1.

What happens at an arraignment if you don't have an attorney?

At the arraignment, if the defendant doesn't already have an attorney, or can't afford an attorney, he will be assigned a public defender. At the arraignment the defendant will generally be asked to enter a plea of 'guilty' or 'not guilty'. Most all defendants plead 'not guilty'.

Do defendants plead not guilty?

Most all defendants plead 'not guilty'. When victims hear that the defendant has pled 'not guilty', this is another point where many women are further beset with anxiety. Again, it's important to explain that this is standard procedure, and that defendants are, in fact, advised to plead 'not guilty'.

Can a criminal defense attorney talk to a prosecutor?

Occasionally, a criminal defense attorney can talk a prosecutor into dismissing a case. More than occasionally, a criminal defense attorney can bring a motion before the judge to get the case thrown out. More often than that, a criminal defense attorney can raise a legal problem with the case and get you a better deal.

Can a prosecutor call you?

However, in most jurisdictions, the prosecutor will not call you and doesn ’t want to talk to you. All lawyers have legal ethics that govern talking to non-lawyers about their cases. If the prosecutor says the wrong thing, or even if the prosecutor says the right thing, but you hear the wrong thing (hey, it’s not like legal jargon is confusing), ...

Do lawyers have ethics?

All lawyers have legal ethics that govern talking to non-lawyers about their cases. If the prosecutor says the wrong thing, or even if the prosecutor says the right thing, but you hear the wrong thing (hey, it’s not like legal jargon is confusing), they can get in trouble.

What happens if you admit to something?

If you admit to something—even if it seems obvious—you may be giving the prosecutor the ammunition he needs to sink you. For example, say you admit that you were driving the car, but law enforcement never saw you in the vehicle. Now the prosecutor knows you were driving.

What does the prosecutor say about a pink citation?

Say all you’ve got is a pink citation in your hand. The prosecutor says just pay a fine and it’s done. You don’t ever need to come back to Wyoming. That doesn’t sound too bad and you pay the fine. Now, that citation is likely a criminal citation.

What happens if the government violates your rights?

If the government has violated your rights, you should get the case dismissed. Occasionally, a criminal defense attorney can talk a prosecutor into dismissing a case. More than occasionally, a criminal defense attorney can bring a motion before the judge to get the case thrown out.

Can a criminal defense attorney negotiate a better deal?

It all depends on the facts, the law, and what the prosecutor can prove. Some other factor you don’ t know about could be used in negotiation.

What happens if you don't get along with an attorney?

Also take personality into consideration. If someone you know didn't get along with an attorney, there might have been a simple mismatch of personalities.

What to do after initial consultation with attorney?

After you have an initial consultation with the attorney, take some time to look over your notes and reflect on your experience. If you have consultations scheduled with other attorneys, have those before you make a final decision (unless you know after that first meeting that you don't want to hire that attorney).

How often do you get a bill for an attorney?

After they've exhausted your retainer on time and other expenses, you'll receive a bill, typically once a month, for attorney's fees. This is typically the most expensive way to hire an attorney.

How often do you get a lawyer's fee?

After they've exhausted your retainer on time and other expenses, you'll receive a bill, typically once a month, for attorney's fees. This is typically the most expensive way to hire an attorney. For many basic legal matters, such as divorce and estate planning, attorneys will charge a flat fee.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

What does it mean when a lawyer is not communicating?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Is a lawyer responsible for your own legal affairs?

One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

Does a lawyer-client relationship last forever?

. . . like all relationships, the lawyer-client relationship does not always last forever.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Can a lawyer make a communication prohibited by this rule?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

Is consent required for a lawyer to communicate with a former constituent?

Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.

Can a lawyer make a communication?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. Also, a lawyer having independent justification ...

Can a lawyer advise a client?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. Also, a lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so.

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.

What to do if you can't agree with your attorney?

It’s quite a gamble. In the end, if you cannot agree with your attorney, keep in mind that you always have the right to fire them for any reason. Do not do this out of merely spite. Your attorney will be paid for his or her work anyway.

Can you fire an attorney if you can't agree with them?

You may get more than you ever hoped for, you may get nothing. It’s quite a gamble. In the end, if you cannot agree with your attorney, keep in mind that you always have the right to fire them for any reason. Do not do this out of merely spite. Your attorney will be paid for his or her work anyway.

Can an attorney be grateful for a settlement offer?

The attorney may be grateful for the settlement offer that is already on the table . In fact, based on previous cases, your attorney may feel that you have been offered an award far more than what could be expected. If that is the case, you may want to listen to your attorney.

What is an attorney?

The attorney is there to represent your wishes to the best of his or her ability. That in mind, you should very heavily consider the attorney’s recommendation as to whether or not to settle. Your attorney has spent years in law school, and probably years practicing law. Those years help him or her prepare to evaluate your claim ...

Why do attorneys want to settle?

Your attorney may want to settle because you have a weak case, or you are not a sympathetic victim. It is incredibly important that the jury feels sympathetic for the victim in a personal injury case. If you attorney feels that this will not happen for you then they will have no interest in going to trial at all.

Why do attorneys go to trial?

Your attorney may want to go to trial because the defendant is drastically undervaluing the claim.

Why is it important to hire an attorney?

That is why it is important to hire the right attorney; you will be able to rest easier knowing that they are making all the right decisions. A car crash can be one of the more significant events in your life, it is important that it is treated as such. Trials can be very unpredictable, juries are difficult to read.

How to get a different public defender?

In most cases, you can get a different public defender by writing a letter to the judge. Accordingly, you can mention to your lawyer that you want to explore getting a different public defender. Hopefully this will motivate your attorney to either (a) be more responsive, or (b) help you request a new lawyer. Reply.

Can a new lawyer file a notice of withdrawal?

The new lawyer can (1) make sure the old lawyer has actually filed the notice of withdrawal, (2) make sure any new paperwork/notices get directed to the right place, and (3) make sure there aren’t any upcoming deadlines that need prompt action.

Do attorneys have an ethical duty to communicate with their clients?

Attorneys are often very busy. With that being said, attorneys have an ethical duty to communicate with their clients. I would recommend sending your attorney a letter outlining your concerns and explaining that you are going to look for a new attorney if the issues aren’t resolved.

What is the ethical obligation of a lawyer?

A lawyer has an ethical obligation to communicate with his clients. If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned.

When are court records open?

August 9, 2019 at 7:24 pm. Court records are generally open to the public. You can go to the court where your case was filed (usually, the county where the accident occurred or where the defendant lives) and request to see the court file (go to the clerk’s office in the courthouse).

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.

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