Your right to see the prosecutor's evidence before you plead guilty
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- Опубликовано: 28 авг 2024
- You have a right to see the evidence the prosecutor will use to convict you. Your lawyer should show you the evidence the prosecutor is going to use to convict you. You have a right to see it for yourself not just have your lawyer explain it to you. You want to see it before deciding to plead guilty.
What happens when a victim doesn’t show up to trial in an attempt murder trial?
@@momaali5643 my apologies for not responding to the comments and questions sooner. But we are still reeling from hurricane Beryl. I have no power at my office or at my home. So now I’m working from the hotel for a while. To answer your questions, attempted murder is far too serious for a victim, not to appear. However, depending on the other type of evidence, the state may be able to prove the attempt even without the victim. In most cases, they will serve the victim with a subpoena personally, and if the victim does not appear a sheriff may go out and bring the victim to Court to testify. But that is rare.
They would not let you see it without a lawyer.
Sorry for the late response. I am still without power as we are recovering from the hurricane in Houston Texas. If you are representing yourself, you should be able to look at the evidence. Otherwise it is true, You will need a lawyer. You can always apply for a court appointed lawyer get him to show you the evidence and then fire him and continue to represent yourself. But you’re always always always better off with a lawyer.hope that helps and good luck.
Thank you so much! You a true G
You're welcome!
A friend pleaded guilty, after the public prosecutor said that the other defendant would testify against you, he said so before the judge, but later it turned out that the other defendant was not registered in the witness list and he was not going to testify in the first place, but rather he told the public prosecutor that the crime had not occurred
This is not the only problem, there was a report that had to be handed over to the defense attorney before sentencing. It was submitted to him only a day ago and it contained false evidence (it could prove to be false) but what is a proper appeal
If he has already pled, the remedy would be to file a writ claiming the plea was involuntary and based on erroneous information. Also claim the crime never occurred (actual innocense). If it has only been a short time since his plea, he may be able to withdraw his plea of guilty for the same reasons. I'm not sure where you are but that would be the remedy in USA
@@fedoralawyer Thank you for taking your time to answer our questions, sir.
My six months is up in in 4 days my lawyer call me in his office mind u I haven't spoken to him since I hired him we never really spoke about the case and I never seen any evidence I have not been indicated yet I got 4 days left and he said the DA wants me to take a plea and if I don't take it I'm gonna get indicated
Can you file a motion of discovery before turning yourself in with an arrest warrant not from missing trial?
You can only request the discovery after you have turned yourself in and a bond is set. From that point on, you can represent yourself and and ask for discovery. Representing yourself is not a good idea as you may not know what to ask for and you may not know when they are holding back on discovery to which your are entitled. You cannot trust them to do the right thing.
Sr. Thank you. New subscriber here. I love your video. Question, please : It has been 8 months, prosecutor never provided any evidence, am I compelled to answer any questions if I do not have all my discovery ?
In the USA, you are NEVER compelled to answer questions from a prosecutor or police. You are also entitled to see the evidence against you. There are ways for your attorney to get the evidence and motions a defense attorney can file with the court to force the prosecutor to turn over the evidence to your attorney.
My son was indicted before the proable cause hearing he said he wanted to go to the proable cause hearing but his attorney told him he was already indicted is that legal
Yes, your attorney is correct. An indictment is a finding of probable cause. So once you are indicted, probable cause has been found. Before an indictment you can have an evidentiary hearing to determine if there is probable cause. But as soon as you ask for a hearing, the district attorney will run to the grand jury and get an indictment.
Sr. If the prosecutor have not provided any evidence, do I have to answer any questions the judge ask at all ?
In the USA we have the 5th amendment and you don't have to answer questions from anyone. Not even the judge. A judge will know this a should tell you not to say anything until you have an attorney.
Many times they do not have any evidence
If there is no evidence, they will have a very difficult time proving the case beyond a reasonable doubt. Remember. Many times the only evidence is the testimony of the witnesses.
Your lawyer will get a person to plead guilty immediately at the very first meeting.
Be careful when hiring a lawyer. If the fee is very low, some lawyers will want to do the least amount of work possible and try to get you to plead guilty before even looking at the evidence. These lawyers work by volume. Other lawyers charge by the court setting. They reset the case over and over to run up the bill, but do no real work. That is not the kind of lawyer you want to hire.
Does a Pro Se defendant have the same right to see the evidence? (Police body-cam video) I filled out the forms and submitted them to the police department and they DENIED the release of the body-cam video. They said that "only my lawyer could request it". That does not seem right. The officer that pulled me over for expired tabs lost his temper, physically reached into my vehicle, pulled me out of my car, cuffed me and took me to jail. Bail was set at $1500. I was caregiver to my 93 year old Dad and was taking him to the park. He is a stroke victim and I explained that to the officer but he took me anyway and left my Dad by himself. I think a jury would see that bodycam video and be appalled.
In most jurisdictions only a lawyer can get access to the evidence. Moreover, the lawyer cannot give you a copy of it either. He can and must allow you to review it as often as you like but you cannot have your own copy of the evidence to take and keep with you. However, you are entitled to a copy of your own statement. If you are representing yourself, which is always a bad idea, you may need to file a motion with the court ordering the DA to allow you to view the evidence. Otherwise, you will need a lawyer to get what you want. Hope this helps.
@@fedoralawyer Thank You!
@@daveobrien8210 You're very welcome.
Opposing counsel violated court rules by surprising everyone with a piece of evidence which was texts I allegedly sent calling his client nasty names.
I never sent those texts. His client fabricated them. So, when asked if I sent them, I said "No."
The judge said, "I don't believe you." and ejected me for 1 year.
What happens?
I don't know what you mean by eject. But your attorney should promptly object to evidence at trial that your lawyer has not seen and had a chance to evaluate. Also a text message must be authenticated like any other evidence. A subpoena to the phone company to show when and how the texts got from one phone to the other. A witness can't just print out a copy of text messages and claim they came from you. And your attorney should not be subject to trial my ambush. A motion for new trial or appeal would be the proper remedy.
@@THEFEDORALAWYER
Eject=order of protection
She went to her sisters who hates me, and she and her sister concocted an emergency order of proection. Then she filed for divorce.
This is a person going through menopause who listened to her mother and sister give her very bad advice.
Regardless, thanks for your help. A hearing is set for late July to evaluate the texts as well as the fact that the court and opposing counsel surprised and allowed evidence.
@@basicprogrammer6147 We call that a "no contact order" or a Magistrates Order of Emergency Protection (MOEP). But at least now you have time to review the evidence and prepare.
@@THEFEDORALAWYER
Thank you for your help.
Another thing I have going for me is, last October, one month after the OP hearing, she modified the OP to allow some communication about business (we had a business together). A few weeks after that, she sent me non-business texts with pictures of my dad next to his Navy jet.
In other words, she is not "afraid" of me.
You should make a video on what happens if neither party wants to sell their share of the house, but the person who filed for divorce has demanded sole possession of the house. That's what women often go for: eject the husband, take the house.
Lot of men a simps, and just give up. DON'T!. Live in the basement in a mancave., go out with your buddies. Ignore her until her phase has passed.
Thanks.
i havent see my discovery and plead hearing is next week my lawyer want me to plead guilty but i want to see all discovery and what should i do
can lawyer change plead hearing date?
I am assuming you are in the USA. The following advice may not apply in another country. One way is to tell the lawyer you are not going to enter a plea until you see the evidence against you. If he does not comply, you can tell the judge you have not seen the evidence and you're not comfortable with your lawyer's representation. If the lawyer does not do his duty you can also file a grievance with the state bar in your state. I know some lawyers just read the offense reports and don't do any real work. This is not acceptable.
@@THEFEDORALAWYER is a federal
case
the thing is will laywer has to give me back my money or not?
and he told me he saw the discovery but never with me i went last wednesday to see it and he said for some reason the discovery cant see and he told me to come back monday he gonna email the attorney to send back and now we are in thursday and he havent contact me to go to office and the plead hearing is on tuesday
@@gabrielroman2091 I do a lot of federal work and reviewing the evidence with a client is mandatory. Before you enter a plea, the judge will ask you if you are satisfied with your lawyer. That is your opportunity to tell the judge you have not even seen the evidence. In a federal case there should be ROI's "reports of investigation" or DEA-6's which are DEA reports in drug cases. There are many other types of reports depending on the case. Regardless of the type of case, the lawyer should be reviewing all the evidence with you. He should also explain the sentencing guidelines with you and give you some idea of the range of punishment. Good Luck..
@@THEFEDORALAWYER Sir, thank you for posting videos & educating us. How can we find resources to a court certified video expert, please ?
I have not seen anything at all. Just RUclips loop videos. Why would I have anything against me?
Sorry, I'm not sure what you are asking. Your lawyer has a duty to allow you to see any evidence good or bad that affects your case. Only after a thorough review of the evidence and a conversation with your lawyer should you decide to enter a plea of guilty or go to trial.