Legal Question in Criminal Law in California
Hello. Evidence was not entered into my trial nor the preliminary hearing for a crime I didn't commit like a 911 tape where the accuser is claiming I hit him between 2 cars in a police report but is reported by a friend as walking into an office with a couple of scratches. I now have a felony charge with no prior record, 60 days probation, 3,000 fees, no driver's license, no teaching license, and the DA added charges right before trial began. How is this a fair trial and where were my character witnesses? I was not allowed. I have spent 20,000 dollars for my current attorney and no answers from him about this. Please help and seeking understanding and no more fraud. In other words, isn't there a form to dismiss case outright if evidence was not provided?
3 Answers from Attorneys
Was it a bench trial? Or a jury trial? In the case of a conviction, someone (Judge or jury) apparently found that evidence did exist. You need to talk to an Appellate Attorney about what issues there may be on appeal. One such specialist on this site is Edward Hoffman, Esq. Call him at (310) 442-3600. Good luck in your case!
Unfortunately, your remedy is an appeal, if you are still timely, within 60 days of verdict. If serious about pursuing this, feel free to contact me. You will have to discuss the quality of that representation at the same time with counsel. Obviously, part of your appeal is a claim of ineffective counsel.
If there was no evidence (and remember that evidence can be either oral or physical) you can win on appeal. But let me tell you that lack of evidence is a hard one to win on appeal. In any case you should talk to an appellate attorney. There may be other issues that you may want to raise on appeal.
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