Legal Question in Criminal Law in Georgia

Juvenile Justice

My son was not satisfied with his legal representation. We decided that he needed another lawyer. On the court day we presented our lawyer with a written dismissal letter. Reason it happened on the court date was because we was not notified about the court date until 4pm on a Friday that the trial will be held on Monday at 8:30am. The judge stated that he was not going to allow this in his courtroom and told us that the proceedings will con't with that attorney. We had proper cause to dismiss our attorney. My son was 16 at the time of his arrest and was being tried as an adult. He never had any evaluation to see if he was able to stand trial. He was photograph by the officer with his personal camera. He stated that he was never read his rights. We found out at the trial that the lawyer had already admitted to the DA that he was quilty without his permission. My question is, ''was any of my sons rights violated by being forced to go to a trial with a attorney that you had dismissed from representing him? Because of his age were there suppose to be some kind of evaluation to determine if he was capable to stand trail? Can a police take a personal photograph of a minor and put it into a photoline up? What is 1St offenders laws.


Asked on 7/18/04, 1:47 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Juvenile Justice

The issue of whether to grant a continuance or not is one addressed to the discretion of the Court. Without legal cause for a continuance, the judge's discretion in granting or denying a continuace will not be disturbed by an appeals court.

The judge probably felt that dismissing counsel on the day of trial in favor of a new attorney, was just an attempt to delay the proceedings.

At this point there are many issues aside from the question of whether or not your request to change representation should have been granted. Because many things in the law are time sensitive, you need to make decisions regarding appeal and other issues quickly. I recommend you consult with counsel immediately. You might want to speak with the attorney you wanted to employ to get his opinion as to what to do.

If you would like to consult with this office, please call.

Jim Hough

770-607-5300

Read more
Answered on 7/19/04, 7:58 am


Related Questions & Answers

More Criminal Law questions and answers in Georgia