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-   -   How to delay a trial (https://www.askmehelpdesk.com/showthread.php?t=513669)

  • Oct 5, 2010, 01:21 AM
    rtrdd16
    How to delay a trial
    How can I delay a trial in which I am charged with a Burglary 3rd degree because I am trying to save up enough money to hire a good attorney,because I have a court appointed one now and the jury and court won't look to happy to see this but the first trial date has been set for a couple weeks away.CAn we file for a motion of discovery to postpone this some more because we don't even know what evidence there is?
  • Oct 5, 2010, 03:18 AM
    excon

    Hello r:

    I don't know how much money you can make in 3 weeks, but it's a hell of a lot more than I can make...

    But, if you want to delay your trial AND fire your present attorney, then FIRE him by certified mail. That all by itself should delay your trial. Send a copy of your letter to the judge and to the prosecutor.

    excon
  • Oct 5, 2010, 05:00 AM
    rtrdd16
    Quote:

    Originally Posted by excon View Post
    Hello r:

    I dunno how much money you can make in 3 weeks, but it's a hell of a lot more than I can make....

    But, if you want to delay your trial AND fire your present attorney, then FIRE him by certified mail. That all by itself should delay your trial. Send a copy of your letter to the judge and to the prosecutor.

    excon

    So by doing this would I have to have my new attorney already or would they schedule another attorney hearing? Also what about the motion of discovery,, And by the way thank you for the original answer that's definitely a route I'm going to take but do think I should file for discovery first to by some mor time
  • Oct 5, 2010, 05:11 AM
    excon
    Quote:

    Originally Posted by rtrdd16 View Post
    So by doing this would I have to have my new attorney already or would they schedule another attorney hearing? Also what about the motion of discovery,,,And by the way thank you for the original answer thats definately a route im gonna take but do think i should file for discovery first to by some mor time

    Hello again, r:

    I don't think YOU should file for anything... If you start acting as your OWN attorney, the court might make YOU defend yourself... Do NOT do ANYTHING on your own, except FIRE and HIRE your attorney. While you have one, DO what he says. You are messing around with stuff that will BURN you if you get it wrong...

    You're not going to fool the court with your delaying tactics, and it's going to piss 'em off, besides... That isn't what you want. You're not doing anything wrong. Approach it in a straightforward manner. Besides, I have NO IDEA how to file for discovery. Do you??

    excon
  • Oct 5, 2010, 05:25 AM
    rtrdd16
    Quote:

    Originally Posted by excon View Post
    Hello again, r:

    I don't think YOU should file for anything.... If you start acting as your OWN attorney, the court might make YOU defend yourself.... Do NOT do ANYTHING on your own, except FIRE and HIRE your attorney. While you have one, DO what he says. You are messing around with stuff that will BURN you if you get it wrong...

    You're not going to fool the court with your delaying tactics, and it's gonna piss 'em off, besides... That isn't what you want. You're not doing anything wrong. Approach it in a straightforward manner. Besides, I have NO IDEA how to file for discovery. Do you???

    excon

    I don't for real but the attorney I have said she would file for a motion of discovery just to see the evidence while buying us some time,see I am on probabtion from 2005 and I am trying to get off before facing this trial its ridiculous I know but Drugs have cost me dearly up until now and I have already been to prison so if I could just stretch this out for another year I would be better off and she seems to think we can but I Don't TRUST HER THAT WELL YOU KNOW
  • Oct 5, 2010, 05:33 AM
    excon
    Quote:

    Originally Posted by rtrdd16 View Post
    so if I could just stretch this out for another year I would be better off and she seems to think we can but i DONT TRUST HER THAT WELL YOU KNOW

    Hello again, r:

    I don't know how the courts work where you are, but I don't buy anything close to a year... The investigation is over and the prosecutor wants a trial. IF you get it delayed at ALL, I can't see the delay being longer than a couple months at most.

    But, I'm not a lawyer, and I don't know ANYTHING about your court system. I know you don't trust her, but SHE'S all you got. Why is it that you DON'T trust her? Because she's a PD?? Tell me. PD's are damn good lawyers..

    excon
  • Oct 5, 2010, 05:41 AM
    rtrdd16
    Quote:

    Originally Posted by excon View Post
    Hello again, r:

    I dunno how the courts work where you are, but I don't buy anything close to a year... The investigation is over and the prosecutor wants a trial. IF you get it delayed at ALL, I can't see the delay being longer than a couple months at most.

    But, I'm not a lawyer, and I don't know ANYTHING about your court system. I know you don't trust her, but SHE'S all you got. Why is it that you DON'T trust her? Because she's a PD??? Tell me. PD's are damn good lawyers..

    excon

    Well normally in most courts around here it's a year and a half tops but where this case is they are notorious for 2to 3 years before trial and even my lawyer told me she had cases that had been waiting for 3 or four years that's why I am a little surprised that this one is only 16 months into the wait and they are already setting trial date.I mean haven't heard from them in 6 months and bam 2 weeks before the trial well its set for oct 18 have a hearing on the 14th then trial set for 18th,and what's weird is I have never been before a judge yet they don't even have araignments where I am in court its just a weird situaution,This is Alabama lol
  • Oct 5, 2010, 05:59 AM
    excon

    Hello again, r:

    Well, hang in there. I don't know what else to tell you.

    excon
  • Oct 5, 2010, 06:12 AM
    rtrdd16
    Quote:

    Originally Posted by excon View Post
    Hello again, r:

    Well, hang in there. I dunno what else to tell ya.

    excon

    Thank you for your insight I am pretty sure the motion of discovery is all right but I still like your Idea for when I get ready to can her and hire another

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