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Old 10-03-2017, 10:27 AM
yourself yourself is offline

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An attorney can ask to be removed for a variety of reasons. These include conflicts with the client, health reasons, bar reasons, moving to a different part of the state or out of state, changing law offices, and many more.

Just because the attorney has been removed from the case does not mean that the case starts from scratch. The newly assigned attorney will get all discovery, all files, and everything that the prior attorney has done. Much of what that attorney has done won't be visible to a person who is not and attorney working the case. For instance, if the prior attorney was in the process of writing a motion to suppress evidence, the new attorney will get all the work that attorney did on that issue. Instead of having to reinvent the wheel, the attorney reads what's already been done and picks it up from there. Yes, it takes longer than if the first attorney stayed with it, but it is hardly starting over. The new attorney will also get whatever files and information the investigator, if any, produced.

There is no evidence that the county is corrupt in your postings. Removing an attorney because of a conflict is normal. It is the most ethical thing to do when the attorney needs to be removed. It is not a commentary on your son, nor is it a commentary on or assertion of corruption.

Attempt murder is a heavy charge. It needs to be done right as the best way to avoid punishment for such a charge is at trial. Let the new attorney work. Usually, a new attorney will be assigned fairly quickly, but each attorney needs to do their own conflict work before accepting the case. As a result, more than one attorney can be asked to take the case. But it is usually a fairly quick thing. At the next status hearing, that attorney will have an idea of the amount of time it will take to catch up and continue on. Expect a Notice of appearance to be filed before that time by the new attorney once one is chosen and accepts the representation.

I don't get where the time in jail now won't be counted towards any prison sentence, should he be sentenced. Right now, he's an innocent man, and the time he's spending counts towards nothing. Should he be found to be guilty of something, the sentencing judge will look at the time he is spending in jail and determine whether it counts towards the time he may be sentenced to, should a prison sentence be necessary. But generally, time spent in jail will be counted towards a prison term upon a finding of guilt and the necessity of a prison sentence.

A year sucks. But better that it be done right. Hopefully the new lawyer will be more communicative with your son. Aggressive may not be the best course of action at the present, but that is a strategy issue.

I understand that it is better for a person to be in jail/prison with a definitive out date. It makes serving time a lot easier when you know how much a day in jail counts. But, this is a heavy charge. Best it's done right.
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