Legal Question in Criminal Law in California
how can i properly file for a six ammendment violation,and exsactly what grounds would i need?
5 Answers from Attorneys
You are going about this backwards. You need to explain what happened to you, then a lawyer can help you figure out whether any of your constitutional rights were violated and, if so, which rights they were. Instead, you are telling us what kind of violation you want and asking us to make up a story to support it. That is not what lawyers do.
You have posted similar questions before, and have been told that you need to provide some information about your case. You still refuse to do so. There is no way we can help you if we don't know what happened.
First, read the sixth amendment. Second, figure out why it applies to you, Third, hire an attorney to fight for you constitutional rights if they have been violated. There is no way you are going to get near enough advice in this forum to successfully protect your rights.
If you don't already know what grounds you have, how can you possibly think you have a 6th Amendment violation, or any other? Your question is simply shopping for ideas for appeal.
I agree with Mr. Hoffman, Mr. Kane and Mr. Nelson. Oh my god four attorneys that agree with each other, look out!
You are going about this completely backwards and in a way that makes absolutely no sense. The way attorneys analyzes a case is by listening to the facts regarding the events that occurred. Then we read a police report, when one is available. Then we ask more questions. We generally always keep asking questions and just when you think we are finished asking questions, we will generally ask more questions. We do this in order to e analyze the case. When analyzing a case we are determining how we can best serve our clients either through attacking or defending a position while best applying the law to the facts we are dealing with.
However, you, on the other hand seem to have already decided the 6th amendment applies to your situation. You've asked this question several times and each time you've stated you want to use the 6th amendment as your defense tool. So either someone told you that it applies or you just like it. What everyone is wondering is "Why?" So far you haven't provided any facts that would lead any of the attorneys who have read your question, any information that would suggest the 6th amendment applies. Therefore tell us why you think it applies and we will let you know what we think.
The best way to do that is to tell us your story.
Good luck
I answered this before, and set forth the exact terms of the Amendment. There are various rights set forth in that amendment, such as the right to counsel, the right to a speedy trial, and the right to confront witnesses, and call witnesses of your own. You have not specified which portion of this amendment was violated, or any facts of how the violation occurred.
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