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Old 10-20-2017, 06:33 AM
berg ice berg ice is offline
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Cool legal beast

Originally Posted by guardianangel3 View Post
after a quiet summer with absolutely no activity on my sons case since May, yesterday he called to say they took him to court, and his conflict attorney asked to be removed from the case...the judge then told my son that they'd 'let him know when they assign him another lawyer, but the time it would take to start over would NOT count as time served'...i think my son is caught up in a corrupt county where they are known to play by their own rules. in less than 3 weeks, is the one-year mark of his arrest, with NO progress in the system. i dont know what to do...
first, any and all time spent in custody must count. second, if his attorney is not the reason for delays in the case, i.e. continuances on his part, then after one year a rule eleven can be filed to dismiss the case for lack of prosecution. this process falls under the right to a speedy trial. as long as your family member did not sign a waver rule 600.
Now as far as Judges and their "comments", i'll just say this, the power of his comment to affect ones [liberties] depends on the ignorance of the recipient. the power is in the pen/books. there is a law library where he is at. he can get clarity for himself by researching his case and every thing they say to him that seems wrong. if you need help just hit me.
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