Legal Question in Criminal Law in California

I am a defendant and I have a court appointed criminal defense attorney in a federal wire fraud trial. The attorney is the 2nd one assigned to me. Each left the Office of the Federal Defender for private practice. The attorney has had a heavy caseload and it's delayed his involvement in developing my defense for 8 months. My trial has been delayed / postponed 2 times and a 3rd request for an extension is being made today. I do not support an extension since it appears to violate my rights under the Speedy Trial Act. The attorney has not been my advocate whatsoever and has encouraged me to take a plea deal before he read all the discovery or asked me questions. I believe I should ask the court for a dismissal. Any suggestions?


Asked on 10/08/18, 3:46 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You can 'ask' for a dismissal, but the federal judge would be more receptive to requesting a new attorney on the case and setting a firm trial date to encourage compliance with the rules. If you do not consent to waiving time, you have that right.

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Answered on 10/08/18, 5:46 pm


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