Legal Question in Criminal Law in Arizona

How are case files, transcripts, etc., to be attained

My son took a plea on 2nd day of trial(theft means of transportation, misconduct involving weapons)because 1st day of trial went bad. State's witness (victim of car theft) stated on direct when asked, that he didnt know my son. On cross by defense, he (I guess he didnt hear clear enough so he wanted jury to hear again) asked if he knew the defendant and victim said no, but now he recognized him as the one who stole his car. He had seen my son in every court date that was (9 times)continued. Sons lawyer didn't interview any witnesses for his defense nor any of the states. He did absolutly nothing to defend my son. On the second day he told my son he had no witnesses so he should accept plea and that the judge was leaning toward leinency.So he signed it to STOP the trial, thinking, as it stated, he could withdraw. State admitted discovery at trial that had not been turned over to defense that actually favored defense in that the victim stated twice in photo lineups after the crime he could not identify my son. So how can he now state such on the stand? Son had to motion himself for withdrawal but was denied. PCR was denied for being denied extra time to file pro se.Now what? He has many issues. He was home the day of theft.


Asked on 10/29/06, 5:20 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: How are case files, transcripts, etc., to be attained

The situation you present is complex and not something that can really be answered in this forum. If a PCR has already been denied, the trasncripts should already be done. If discovery was not turned over, a record should have been made earlier. What you describe is gross malpractice. I need the case number, etc. to give you more information. There is something missing here. You are welcome to email me accordingly.

Read more
Answered on 10/29/06, 9:55 am


Related Questions & Answers

More Criminal Law questions and answers in Arizona