Legal Question in Criminal Law in California

terms & penal codes for dismissing a case

my wife and i are being charged for forgery, perjury, grand theft, and operating without workers comp. I would like to know where and when is the line crossed by the prosecutor so i can file for dismissal. My attorney refuse to submit evidence of my innocence. He keeps on telling me he doesn't know the law. I have proof the DA witness is a lair. They owe me money and don't want to pay. I also have proof regardless of what their client or witness say's they determine were guilty. I have alot of evidence they violated alot of misconduct. But everyone is telling me to get convicted 1st. Then we file? I am innocent but let's go to jail 1st? Is this how the law works? I went on to the BAR and saw how to file complain on DA. Should i go this direction? I have a feeling my attorney just want money so he tells me to get convicted 1st and refuse to submit evidence. Also he gives me no option but to plea guilty constantly. I am innocent and feel i should not have to plea to satisfy him. He con me into hiring him. He made many promises before i hired him. Now he says he doesn't know the law. I have lost faith in our legal system. Please hear my concern and some help answer me please..


Asked on 7/01/08, 7:11 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: terms & penal codes for dismissing a case

One of two things is going on here. 1) Your attorney could be telling you you have no chance of beating the charges, he is right, and you are in denial; or 2) You are right, and he is lazy. I can't tell from reading one email which it is. The law regarding workers' comp fraud and employing persons while without workers' comp insurance is very specialized (you could be sued by the state, in addition to the criminal charges, if there were injuries). You need to consult in person with another lawyer.

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Answered on 7/01/08, 7:19 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: terms & penal codes for dismissing a case

The time to make your arguments and show your evidence is at trial. It sounds like you have not gone to trial yet, so I'm not sure when you think your lawyer should have presented the evidence you describe. If you think he should have done so at the preliminary hearing you are probably wrong. The judge at the prelim is not supposed to weigh the evidence presented by the parties; her job is simply to decide the prosecution has enough evidence to potentially win at trial. This finding has nothing to do with the defendant's evidence. Revealing that evidence early will just give the prosecutor time to figure out how to respond to it.

I should add that evidence showing your accuser has a motive to lie does not prove he actually is lying, nor does it prove you are innocent. The evidence may be very useful at trial, but it is not the sure thing you seem to think it is.

Your lawyer may indeed be doing a bad job for you, but the fact that he has not already revealed this evidence does not suggest he is doing anything wrong.

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Answered on 7/01/08, 7:22 pm


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