Legal Question in Criminal Law in California

larceny charge

i have been to court 3 times since i was arrested for larceny. i hae a public defender. ist court appearance,there was continuation,no witnesses,the victim has the item back,my attorney is different person every court appearance,i do not believe the pd has a clue what to do,i want to motion for dismissal to throw case out due to lack of witness,and the time legnth does not seem like a ''speedy trial'',just keeps getting continued. what are my rights,options,procedure. i'm getting tired of appearing,nothing happens but continuances.why?what can /should i do,or expect?this is taking way to long,i dont feel im being represented to the best of pd abilities.help


Asked on 7/30/08, 10:28 am

3 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: larceny charge

I would agree with what others have stated. If you are unhappy with the progress, then maybe, you should consider hiring your own attorney.

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Answered on 7/31/08, 12:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: larceny charge

The prosecutor only has to put on witnesses at the preliminary hearing and the trial, not at the arraignment or other pretrial hearings. The fact that no witnesses have shown up yet is perfectly normal and is not grounds for dismissal.

Most defendants waive their right to a speedy trial so their lawyers can have more time to prepare. This usually happens at the arraignment. Have you done so?

PDs are notoriously overworked, which is why you have seen different lawyers at each hearing and why none has yet mastered the issues in your case. It is still early in the process, though. Don't judge the caliber of your defense team too hastily.

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Answered on 7/30/08, 2:02 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: larceny charge

You do not have any legal grounds for dismissal at this point, unfortunately. The clock for your right to speedy trial does not start running until charges have been filed and you have been arraigned. If you have not been arraigned, as frustrating as it must be for you, the prosecution still has a lot of time in which to formally file charges.

The PDs are overworked and they will only deal with cases if they are filed on the given day. It does not mean they are bad lawyers or would not defend you well once your case has been filed. You might consider retaining a private lawyer to become proactively involved in the status of the case, ascertain the state of the prosecution's investigation and perhaps convince them to dismiss or resolve the matter quickly, rather than leave you in a situation where you have to keep coming to court over and over.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/30/08, 9:25 pm


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