Legal Question in Criminal Law in Missouri
my fiance has been in county jail for 15 months!! please help
My fiancee has been in jail for 15 months and hasnt had a court date or trial, everytime they go to court they reset it without even letting him know until the same day. His attorney hasnt done anything to help him and wont even go talk to him, so we are confused on what to do, we cant hire another attorney after paying this one, isnt he innocent until proven guilty? hes got 2 little boys at home and they just reset his next court date for feb 2010!! another 8 months! 2 years in county jail without a court or trial? come on! is this even legal? cant he atleast be home on house arrest until they can go to court? thanks so much.
1 Answer from Attorneys
Re: my fiance has been in county jail for 15 months!! please help
All attorneys are reticent to give advice to someone that is already represented by counsel. Therefore, I cannot give yoru fiance advice about his case. However, what you describe sounds peculiar. If your finace has paid an attorney to represent him, he is entitled to an accounting as to how that money has been spent. Does your fiance know what crime he has been accused of? You did not indicate that in your positng. Has bail been addressed with the court?
Under the constitution, a criminal defendant has the right to due process and what is termed "a speedy trial." the times you describe seem long. Does your finace know who requested the continuance to Feb. 2010? If it was the prosecutor, perhaps his attorney can request that the charges be dismissed. If it was your finace's attorney that requested or agreed to the contnuance without explaing to him why it is in his interest, then he may want to stroingly consider changing attorneys. He may be get back some of the money he paid to his present counsel.
Make sure he adresses his concerns with his attorney before firing him. If he hired this attorney, and cannot get information about his case from him, or even responses to his calls or letters, then he may be foolish to stay wth this counsel.
However, your fiance is the defendant, You are not yet his wife. You may not have or communicated the correct information about his case. Perhaps your fiance is mistaken about some of the details he has told you. An attorney is not required to, and probably shouldn't provide confidential information to a client's girlfriend. However, he might if your fiance gives him permission to. Have your boyfriend write a letter to his attorney giving him permission to discuss all aspects of the case with you. Have him give the letter to you. Then make an appointment to see the attorney at his office and bring the letter with you. That is how you may learn what you seek to know.
Good Luck
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