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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-18-2007, 02:21 AM
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Join Date: Oct 2007
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Unusual Criminal Case


What is the name of your state? CA

I am following a Criminal case in which I have been victimized (there are several other victims), but the case has been ongoing since early 2003 (the crimes occurred in 2001) with no end in sight. The defendant is out on bail (no thanks to a lenient judge) and is represented by a court appointed lawyer. It seems the defendant has no conscience and is willing to do anything to delay the case.

The case was for 23+ felony offenses initially, but recently an additional 9 counts were added to the case. The DA has offered 6 years as a settlement offer to the defendant.

Delay tactics included - a Federal Civil lawsuit filed against several Judges, the DA, former attorneys, County Clerks, and the Sheriffs department which was thrown out. Then two motions to recuse the DA were filed and denied.

The current judge in the case has scheduled a Confirmation Hearing, then a Readiness Calendar, followed by a Jury Trial. Ten days before the Confirmation Hearing the defendant filed a Writ of Mandate.

Can anyone tell me how this Writ of Mandate will be processed, and how much longer can the defendant delay the trial? And what is a Confirmation Hearing?

Is there any recourse for me to complain to any government agency about how this case has been delayed unnecessarily?

Thanks and Regards,

Cosmo
  #2  
Old 10-18-2007, 02:47 AM
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Join Date: Oct 2007
Posts: 32
On what grounds was the writ of mandate filed, or do you know?

In many cases, a petition for a writ of mandate is dismissed without any explaination; cast aside, in a sense. There's no way to really tell how it'll go, as far as I know. Not unless you can provide a lot of information on the case at hand and the writ that's been filed, if you're looking for personal opinions from forum-goers.

I'm pretty sure the defendant can delay the trial for as long as he can find a means to do so and is allowed to do so by the court. What sort of case is this?
  #3  
Old 10-18-2007, 10:14 AM
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Join Date: Oct 2007
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This is a case of forgeries, grand thefts, check kitings, and burglary. I do not have a copy of the writ of mandate but if pressed I think I may be able to get a copy.

The defendant has alleged a conspiracy between myself and the DA in this case - to bring false charges against her (I was named in the Federal lawsuit alongside the Judges and DA). Yet this case takes up 3 volumes of evidence and filings, and the initial evidence was voluminous.


Regards,


Cosmo
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