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I have a few questions about a misdemeanor criminal case I recently witnessed. If the defendant was given a court appointed attorney, and the defendant requested a jury trial, and requested phone records to be subpoenaed, and received neither... is that grounds for an appeal?
Also, if someone is placed on probation, are they allowed to leave the country for vacation (i.e. cruise)?
Any helpful info or weblinks would be appreciated.
Kind regards,
Jeannie
If the case called for an option to have trial via judge+jury or judge alone, they yes that is grounds for appeal. Some cases you can only have a trial by judge.Quote:
Originally Posted by Packer
As for the subpoenaed phone records. The Judge doesn't have to grant the request if the defence does not provide any valid reason why such a request should be ordered. However, if the defence feels like they did, they they can appeal that decision.
It would depend on the conditions of the probation. Does the probabtion that Person X received entitled him/her to go on a vacation outside of the country?Quote:
Originally Posted by Packer
First what level trial was it,
City ordiance misdemeanor
County court
State court
What was the charges. Next what type of phone records did they want.
I know in state court where I was most of the time, all cases could get a jury trial, but I also knew in city court many minor charges did not get a jury trial. Example begging on the street corner, pan handling, traffic offenses, for a few. They could ask for a change of venue, taking them to state court, but would have to do that, not merely ask for a jury trial.
But any attorney practicing before the court would know that.
And not merely the denying, but the reason why they denied, If the phone records were viewed at not having any bearing on the case, unless the appeals court believes they have some bearing, they would not most likely.
Just not nearly enough information to give any good answer.
In general the public defenders while do little, do make sure all a clients rights have been protected, so if motions where not handled properly they would have been watching for it.
Leaving the county ( even leaving the state) is normally not allowed without the permission of the probation officer. But even then it is all dependent upon the level of probation and the type of probation.
For misdemeanors many cities use private probation departments, they operate somewhat differently from state probation departments.
So a lot more details can help with a more complete answers
Hello Packer:
In the real world, you probably have plenty of grounds for appeal. Also, in that real world, you don't have enough money to see an appeal through. We're talking thousands and thousands here. If you have that kind of money, why didn't you hire a good lawyer in the first place? You don't think the state is going to supply you with a free attorney to pursue a misdemeanor appeal, do you? Well, they're not.
Plus, if the defendant ONLY got probation, as opposed to slam time, what's the big deal? I know, it IS a big deal to you.
Sure he can go out of town. He just needs permission, and I can't believe he won't get it.
excon
I see that the court appointed an attorney, from that point on the attorney is in charge of that case.Quote:
Originally Posted by Packer
If defendant requests a jury trial and is denied, the ground for denial must be stated, should have asked right than.
Defendant can dismiss attorney and file his own request for jury trial and submit a Motion for disovery.
Just some suggestion, not legal adivce.
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