I know most people know this to be true, I just have to remind everyone that not only is it true, it is a very dangerous fact. It is dangerous because many who want to learn to defend their rights, will inevitably go to an attorney for advice. The attorney will lie about any issue of law.
The day before court, my friend Shawn (not her real name) got a hold of her public defender on the phone. She was asking the attorney what he was going to do for her and when he kept telling her she didn't have a chance to win, she asked if he was going to quit. He said no....
After she hung up the phone, I asked to see the paperwork. Whoooo! Looks like you were arraigned on 5/22/09 and a plea was entered. You were required to appear again on 7/9/09, which is over the 45 day limit for a speedy trial. How are they going to get around that?
The next day we went to court. The public defender had the equivalent of two court rooms full of people. Half had to wait outside the courtroom because there were no seats available. I'd say there were over 60 cases just for this one attorney.
Shawn went up and told him that she discovered that the time for a speedy trial was up and that she wanted him to get the case dismissed. He told her that she didn't get the speedy trial because she is supposed to tell the judge that she doesn't waive time.... "That's a direct lie and TOTAL bullshit!" I told the other person who came with us to court. The attorney never looked up or reacted. "Do you think he heard me?" I asked my friend. "You were only three feet away from him", he replied. "He heard you." We laughed.
Our case was called. "Your honor, Ms. Shawn would like me to ask for a speedy trial motion..... blah, blah, blah." After a bunch of B.S. thrown around by the judge, the prosecuting attorney, and the defense attorney, the judge says, "I'm denying your motion without prejudice, because you have no evidence that you were denied a speedy trial, and if I were you I'd concentrate on the charges and not TECHNICALITIES, because we are watching this very closely".
Sometimes judges find it pleasant, interesting, or attractive when someone is attempting to protect themselves legally. Not this judge.
It didn't matter, because he gave us all the information we need. It also shows that even if you are in a 100% win situation, all the attorneys, even your own, will "rally" against you and will do nothing for you. Not even explain how to effect the win. The attorney just wants the money and so does the judge.
The message here is that Shawn not only has to learn what her rights are, she has to learn how to defend and protect those rights on paper, and SO DO YOU!
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