View Single Post
Old 06-07-2018, 10:23 AM
guardianangel3 guardianangel3 is offline
Registered User

Join Date: Nov 2016
Location: PA, USA
Posts: 29
Thanks: 28
Thanked 15 Times in 10 Posts

Originally Posted by yourself View Post
Never said you should assume this. Said that you should check the online docket and case history to see what it lists. Speedies can be pro forma for some attorneys. Filing an additional speedy if one has already been filed will just demonstrate that you are not checking, don't know what has been filed, and are probably not the best person to represent yourself.

You're missing the point. If you file somethjing like a speedy pro se, you are representing yourself. You cannot have your own case strategy in addition to the one that your attorney has. It doesn't work that way. You cannot act pro se for this and that, and then hang the attorney with responsibility for everything else. You are abrogating your right to a lawyer by Acting as your own lawyer. It's that simple. You can have an attorney, fire that attorney, act as your own lawyer, then get another attorney in sequence, but you cannot do something simultaneous with an attorney and expect that attorney to represent you.

As stated, filing such a motion can result in 3 different results. You might not think that you could be stuck acting pro se, but an unsophisticated client who doesn't properly advocate for themselves can very easily wind up pro se.

It is a profound conflict of interests to file your own stuff at the same time that you have an attorney filing what s/he thinks is appropriate to accomplish your stated purpose. As such, you easily conflict your original attorney out, provided the court doesn't establish that the relationship can be repaired.

What part of this do you fail to understand? Play attorney on your own in any way can result in big, big problems. The best outcome would be that a new attorney would be appointed, your motion would be rejected, and you're stuck in jail waiting for your new attorney to catch up. Think that's bloody obvious.

But, you're ignoring this. You're also ignoring the fact that it can take 30 days for the court to find an attorney who can and will take the case. It can be a lot faster, but it can take 30 days or longer. Attorneys have conflicts. They take vacations. They may even know the family of the victim. It takes time.

Btw, a speedy may not be the best way to go strategically in terms of fighting the case. Sucks to be in jail, but 6 months in jail is better than some sentences. Advising anybody facing the serious charges the OP's LO is facing is silly and potentially very problematic. You have the right to an attorney until you start acting as your own attorney. There is no, "whoops, I should have used an attorney" moment once you act as your own attorney and if you are near enough to trial when you start doing this, or don't know how to respond, or find out that the state is ready to go to trial yesterday (but if you waited 6 months, one of the chief witnesses would be graduating school and moving away....), then you are totally incompetent and will find out that this is not as easy as a filing a speedy and hoping that the state can't come to trial.

Btw, if you get a new attorney, that attorney is going to get time to get caught up on the case. The more complex the case, like the OP'S LO, the more time. If you think that you can save 3 -4 weeks by filing a silly, inappropriate motion without knowing the full context of the case, you're fooling yourself. All that time to get caught up will be charged to you.
clearly, i missed these add-ons to my original conversation, as i gave up and waited the winter out with the newest (4th) lawyer, and not sure how they relate or not to my son's case. earlier today i made an updated email about the fact that we are now going on 22 months before the latest date for trial comes up, and this lawyer, who SEEMS to be working the case (or so he constantly assures me) says that we have NO leg to stand on regarding the speedy trial law...?
Reply With Quote