Legal Question in Criminal Law in California

After a year and a half my case is finally "set for trial," on January 21st. My lawyer is asking to be relieved because he took 10 k for a misdemeanor and has done nothing in two months and now informs me that he has 2 felonies trials and therefore must continue to delay my trial. I simply can't wait another minute to clear my name etc. So, he'll have to be relieved and he'll get away with basically stealing my 10 K(for now).

I am now completely indigent and would have to rely on the P.D who have shown to be unwilling to really fight for what is right. I've definitevly concluded that I must go pro per. Over the course of the last year and a half I am familiar with much law and can foresee a victory with the evidence and witnesses I have and will all the misconduct by the city attorney. I have millions of questions but for now can anyone give me some clearer understand of what "set for trial" means as opposed to "pretrial." Upon hearing that I wanted to go to trial the city attorney prosecutor said that they are still searching my computer ( after an illegal search warrant was obtained two months ago) and more charges might still be brought. I've done nothing illegal and don't fear what will be found in those computers(mine and my families) but I suspect very strongly that this prosecution does not want a trial and I wonder how long they can get away with threatening new charges and therefore delaying the trial, now that it is set for trial. S.O.S


Asked on 1/17/10, 10:57 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Because of LawGuru's five-day delay for free questions, your post just appeared even though your stated trial date was yesterday. Hopefully this response will arrive in time to do some good.

Dismissing the public defender and going pro per is the wrong decision more than 99% of the time.. I mean no offense, but there are things one must know in order to conduct a trial effectively. Your question demonstrates that you don't know some of the basics. You can't possibly prepare in a few days' time.

Remember, lawyers spend three years studying the law full-time and then often have extensive further training in trial advocacy. The prosecutor has this background, and you will want someone with a similar background defending you. Get over your reservations about your public defender; he'll almost certainly do a vastly better job than you could.

Read more
Answered on 1/22/10, 11:40 am


Related Questions & Answers

More Criminal Law questions and answers in California