Legal Question in Criminal Law in California

I have been waiting to go to trial for almost 4 years. I feel I have been given unfair representaion and hearing results during the entire prelim process, bail reduction hearing and court ordered "warrant hold" (during a continuance hearing and while I have a 977pc on file)

My Preliminary Hearing:

My Temporary Lawyer, who was issued to me just to get through the preliminary hearing, offered no defense to many discrepant issues, evidence and statements which subsequently were allowed to be entered for trial. He had no time to completely review my case before preliminary and seemed to just want to get it over with so he could get back to his caseload.

Bail Reduction Hearing: (Bail was set at $25,000)

This was a Complete Outrage! I filed for a bail reduction hearing, which my co-defendant also sat in. Keep In Mind... It was heard due to My Request.

I had the same Temp. Lawyer. When the judge said he was ready to hear arguements for bail reduction, My co-defendants lawyer (public defender) spoke first and asked for bail reduction due to her clients long residency in the area. The D.A. did not argue and she was placed on O.R. - The judge then stated "anymore arguements" ? My lawyer said NOTHING! afterwhich, the judge concluded the hearing. I was so pissed and screamed at my lawyer "Why did you not ask for the same consideration as my co-defendant received"??? ( I have a longer residency than my co-def.) "You never even stood up"! he replied: "The judge would not have reduced you bail". I was livid and said; "It was My Hearing and If I was not going top receive the same consideration as my co-defendant, then, I want to hear it from the judge and I want it on record" ( to file discrimination). My Temp. Lawyer said you can request it again if you want. So, I am on $25,000 bail because the lawyers I have been provided with since have not wanted to bother with it.

Second to Last Court Date: (Continuance)

My trial lawyer (provided by the court) allowed the court to order a "Warrant Hold" on me even though I have a 977pc filed and had prior knowledge that the case was to be continued via co-defendants lawyer.

QUESTION:

My case is set for trial real soon and I have absolutely no confidence in my court appointed lawyer. It has been 4 years now and I wanted to know If I can release my present lawyer and hire a good lawyer (not court appointed) this far into the process. If so, Can I request a new preliminary hearing?


Asked on 9/17/09, 6:23 pm

2 Answers from Attorneys
Gary Polston The Law Office of Gary M. Polston

You can always bring in your own attorney - that is your right.

However, be careful as you make your decision, because the Judge does not have to delay the trial which can put your new attorney at a great disadvantage and may make them reluctant to take the case. This is a decision you need to make very soon. Good luck to you.

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Answered on 9/17/09, 7:01 pm
Terry A. Nelson Nelson & Lawless

Of course you can hire private counsel. If you could afford to do that, you should have done so years ago. It is not clear from your posting, but it appears you don't or didn't have the money to post bail, which you should also have done. The court will be happy to relieve the PD, so long as the new attorney doesn't seek further continuance of the trial.

No, you can not get a new PreLim. What is done is done. If you have grounds for appeal, you can consider that once the case is over.

Your problem is that a new attorney will have to come up to speed for trial, in a short time according to you. That means spending a lot of time reviewing whatever has been done, dealing with you to understand and prepare whatever 'defenses' you may or may not have, and get ready for trial. That time costs money. If you are willing to pay the price to accomplish that, feel free to contact me.

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Answered on 9/17/09, 9:17 pm


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