Legal Question in Criminal Law in California

Have a case that has been continued for approx 3 1/2 yrs now. Sheriffs dept came in with search warrant July 2014, found drugs. My public defender wasn't able to obtain information on affidavit

for search warrant. Probable cause has been sealed and no one has been able to see it. Shortly after the Sheriff's office busted thru door a second time when I wasn't under search and seizure cause I bailed out after being arrested again. They literally harassed us for at least a year. Got pulled over time after time after time saying exhaust too loud after tailgating me for miles, after going over tracks, said afraid I was going to scrape and cause a fire, license plate light was thought to be out after they weren't even behind me when they said they seen it. Many a times this was what was happening. Public defender just threw all her cases into another lawyers lap and is no longer doing criminal cases. New attorney hasn't met with me to discuss my case except for 3 minutes at court dates and I go back to court in 4 days. I have a couple of questions: 1) Is there a statute of limitations on producing paperwork on probable cause with name(s) of CI (if, in fact there is a CI), crossed out? 2) Can you tell me specifics I should write in Marsdens Motion to relieve my Public defender of legal help? I don't want to offend Judge or attorney and be denied. 3) There are so many incidents being pulled over for no reason ending up with them holding on to my drivers license and bank card for weeks at a time and even losing my license. What are the grounds that would be considered harassment? In the last 6 months a couple of people were pulled over after leaving house, searched and this new sheriff even related our names with drugs in the same sentence and I've never even seen or came face to face with this officer. Also, in the last 6 months, the DA was at trial with someone we knew and there was a tape that supposedly had evidence on it against this friend of ours. The DA mentioned, while listening to the tape, "That sounds like (my name). Unfortunately I was told that when he said this, it was during a moment when they weren't taking notes. Not too sure how that went. These are the things that I believe an attorney that is fighting for you would investigate in order to help your case. If I haven't confused you too much, is there anything, ANY advice you can give me. Thank you for your time


Asked on 12/29/17, 1:10 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

No, most clients are confused and frustrated with PD's, because the PD has no time to give personal attention or explanations to any individual client. They generally have numerous cases on calendar every day, you do the math. As you have found, you are lucky if you get a couple minutes before your case is called that day. That is not going to change with a getting a new PD. That is why most people do what it takes to hire private counsel.

The only normally good advice is going to fall flat for you, and that is to hire experienced local counsel for yourself. But if you have a PD, it means you didn't have money for private counsel.

Nothing any attorney here can offer is going to help you except the advice to try to meet with the PD before next court hearing and try to persuade them in just a few minutes what you think needs to be done. Don't hold your breath.

There was nothing stopping you from doing your own legal and factual research in order to 'assist' and educate the PD about you case facts and issues. If you were to get the PD relieved, either to another PD or to you ProPer, your problem is still not solved unless you know everything necessary about law and procedure to handle you own case.

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Answered on 12/29/17, 3:58 pm


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