What motions should my son file in his criminal defense case? 5 Answers as of August 10, 2011

When an inmate is in custody and being charge with a few felonies, what is the process of filing different motions? My son was in juvenile and year the going by what his public defender advice him was to waive fitness hearing. Due to he would have better opportunities in adult court. His alternate defender had him on calendar for I think was SCR , I can't recall but this is when victim gets cross exam by alternate defender and district attorney. District attorney had canceled it and hearing never happened next was preliminary exam. My son is in jail. He somehow has this legal book that has procedure of what motions can be filed. My son turn a stayed in juvenile a year. He has a different alternate defender. My son gave these motion when he went to preliminary exam to the alternate defender. The alternate defender didn't give them to the clerk in the court room. So have he hasn't gotten any responses. He did make doubles of every motion he gave to his alternate defender. Next hearing is on August 22. What is the change of command of how about making a complaint?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I doubt very much your son has the knowledge or training to know what motions are appropriate in his case, the charges of which you don't mention, let alone do them properly. It is difficult to trust court appointed attorneys many of whom are excellent which is the reason why many people do whatever they can to hire a top certified criminal law specialist. Without knowing all the facts of his case this is not the kind of question anyone but his attorney or one you retain to evaluate the case can accurately answer.
Answer Applies to: California
Replied: 8/10/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Your son has an attorney that has been provided by the state free of charge. It appears that you are not happy with the way the attorney is conducting the case. An attorney is able to pick and chose what procedural motions will be filed and what will not be. He/she is trained at what they do and almost 99% of the time is doing everything in their power to protect the rights of your son. This needs to be something your son discusses with the attorney. If your son is not happy with how things are going he can ask the court to have another attorney put on the case but understand these motions are rarely granted.
Answer Applies to: California
Replied: 8/9/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
His attorney should make whatever Motions that may apply to the facts and are supported by the law involved. Motion practice is technical and requires timely and thoroughly researched and prepared pleadings, including Points and Authorities and Declarations supporting the legal arguments. What he handed the attorney was likely inadequate. No amount of uninformed general 'tips and hints' from here or anywhere else, including form books, are going to effectively help him in his defense.
Answer Applies to: California
Replied: 8/9/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Am having some difficulty following your statement about the state of your son's case. It seems that: Your son has a current charge. The charge was initially in juvenile court. Your son agreed to waive a process and his case is now in regular adult court. During the time that your son has been in jail, he has come into possession of a "legal" book of some kind. As a result, he has discovered some motions he believes ought to be filed and has prepared them with at least one copy. He wants his new attorney to file the motions. The new attorney did not file the motions. The attorney is the person who decides what motions to file. While he is represented by an attorney, your son cannot file motions or any other such proceeding. I think what should happen is a conversation between your son and his attorney. I have had cases where a client wanted motions filed and either the motion is no longer appropriate , it is not in his best interest, it is untimely (premature) or frivolous. Sometimes a discussion of why not, why not now and when it would be appropriate to file a motion is a good conversation. Sometimes clients don't understand.
Answer Applies to: California
Replied: 8/8/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
When you rely on court appointed lawyers to represent your son these things often happen. If you do not have funds to retain a private lawyer all you can do is try to set a meeting with his current lawyer and clear these things up. If that doesn't work your son can ask to have a different lawyer appointed and the court will hold a hearing to replace the lawyer with another "Court appointed lawyer". At minimum you should come into a private criminal defense lawyers office to consult with them as far too much is at stake not to do so.
Answer Applies to: California
Replied: 8/8/2011
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