Court appointed atty worthless

[lj_haley]

What is the name of your state? VA
My fiance had a court appointed lawyer for a probation violation charge. The lawyer would never return phone calls and was never available to meet with him except 5 minutes before court, thus he was never able to provide any guidance. The original judge gave him 180 days of a 365 day sentence. My fiance decide to appeal to a jury trial (of course his lawyer had never explained how this worked) and posted an appeal bond. Once again his lawyer was never available until 5 minutes before court at which time he told my fiance that he didn't request a jury trial (which he had...what sense would it be just to go in front of another judge again) and he never explained to him that this judge could give him more time than the original judge. My fiance asked if he could get another attorney and the commonwealth attorney stated that my fiance's only interest in getting another attorney was so that he would be out of jail when our child is born, at which time the judge said that he could get another attorney, but he would revoke his bond and he could find one from jail. Being that if he went to jail he would lose his job anyway he went ahead with the trial and the judge gave him 280 of a 1 year sentence. Is there anything that can be done about how this situation was handled?

 

[stephenk]

"My fiance had a court appointed lawyer for a probation violation charge."

"my fiance's only interest in getting another attorney was so that he would be out of jail when our child is born"

"Being that if he went to jail he would lose his job anyway"

unmarried, pregnant, and baby's daddy is an unemployed felon.

It really doesn't matter anymore. you have chosen a path that will lead to future heartache and disappointment.

While your fiance is in jail, really look at your life and where it is headed. I hope you have some good job skills because you are going to have to be the main source of employment for your child and "fiance".

good luck.

 

[I AM ALWAYS LIABLE]

What is the name of your state? VA
My fiance had a court appointed lawyer for a probation violation charge. The lawyer would never return phone calls and was never available to meet with him except 5 minutes before court, thus he was never able to provide any guidance. The original judge gave him 180 days of a 365 day sentence. My fiance decide to appeal to a jury trial (of course his lawyer had never explained how this worked) and posted an appeal bond. Once again his lawyer was never available until 5 minutes before court at which time he told my fiance that he didn't request a jury trial (which he had...what sense would it be just to go in front of another judge again) and he never explained to him that this judge could give him more time than the original judge. My fiance asked if he could get another attorney and the commonwealth attorney stated that my fiance's only interest in getting another attorney was so that he would be out of jail when our child is born, at which time the judge said that he could get another attorney, but he would revoke his bond and he could find one from jail. Being that if he went to jail he would lose his job anyway he went ahead with the trial and the judge gave him 280 of a 1 year sentence. Is there anything that can be done about how this situation was handled?

My response:

The court-appointed attorney is worthless? I think you might have something skewed. Who's going to jail - - the attorney or your trailer trash "fiance'"? That's right, it's your fiance'. So, who's worthless?

IAAL

 

[anabanana]

Of course, that doesn't mean that his lawyer wasn't worthless too. But he's worthless with an Esq., so no, there's nothing that can be done about it.

 

[lj_haley]

If you don't have any legal advise...keep it to your self.

I must say that this message board is a huge disappointment. People come here for legal advice, not advice on their personal lives. If you cannot help with the problem then why don't you keep your comments to yourself.

The remarks about being unmarried, pregnant, and baby's daddy is an unemployed felon and the path that I have chosen...oh and lets not forget the trailer trash remark.

I am a college educated woman that has her life on track. Even good people make mistakes sometimes and you are in no position to stand in judgement of my fiance. And being as how the remarks came from senior members of this site, I will definately not recommend it to anyone.

 

[stephenk]

"Even good people make mistakes sometimes and you are in no position to stand in judgement of my fiance."

you are kidding, right? Mistakes? He has at least one prior conviction and is now facing two more charges! He has made conscious decisions to break the law and you are actually defending him? 12 people already stood in judgment on him and found him guilty. Another 12 are going to be selected soon to again pass judgment.

Your life is on track for a downhill ride with that loser. Congratulations on getting pregnant with him. your parents must be so proud to have him as a future son in law. Speaking of marriage, you know, the prisons do marriages cheap for their prisoners. Wait until he is sentenced before making it "legal".

Your child will have wonderful stories to tell at school about visiting daddy in prison.

 

[lj_haley]

For your information there was only one person in judgment of him. And not that what you think matters he only has to serve 4 months and his charge is misdemeanor not felony! He will not go to prison and I am sure is a much better person than yourself. You really should look at the way you talk to people. My condition is delicate enough without having to take criticism from idiots like you!

You must have become a senior member on this board for some reason. Either you are in the legal profession which I doubt, because I don't believe that you have the intelligence for that, or you were on here searching for answers to your own legal problems.

 

[stephenk]

" I am sure is a much better person than yourself."

Really? have you talked to his victims? Do you believe they will think he is a great guy?

Your condition is delicate not because of anything I have said. You are the one having to live with the loser.

 

[KurganWarrior]

To everyone puting the guy down, grow up. You don't know him and are not within your rights to pass moral judgment on him publicly (think what you want of him or the situation but keep it to yourself).

Maturity of this board asside, I have a question. Since a judgment was passed on what grounds was the sentence revoked to enter a new sentence ? Also why is a case that involves a year or less as the final penalty not being plea bargained ? A 12 month sentence usually nets 4 months in jail when plea bargained ahead of time. If he knew he was guilty and got sentenced to 150+ days why on earth resubmit yourself to the chance of more time ?

Those are just some questions that come to mind. Unfortunately it may be too late to do much about it but if you have the funds an appeal may be in order. If not at least brush up on the law with respects to those that pertain to the case. You CAN file motions without a lawyer.

Bottom line, don't expect the judges view to be any nicer than those of the other people posting here. A judge though knows that the law and sentences are not designed to be a whipping stick but instead designed to temper justice with mercy while considering all factors (including you being pregnant). Each of the people posting here in some way dealt with a reformed felon or criminal today and didn't know it. 35% of the population has at one time or other broken the law and gotten caught. Even some judges have criminal records of some type.

I think you might be able to persuade a judge its in his best interest to give him a chance to be dad and start out by being a support to his child and you instead of behind bars.

Now that he's about to be a dad, get a grip on the "zero tolerance" policy you will need with regards to his criminal actions. If he breaks the law again AFTER becoming daddy, kick him to the curb. If you don't child services might question your ability to parent at some point.

 

[stephenk]

" You don't know him and are not within your rights to pass moral judgment on him publicly "

Says who? Funny how people who choose to be with felons suddenly decide that no one can "pass judgment" on their mates. society has already publicly passed judgment on them by convicting them of their crimes. the result of those convictions is the stigma of being labeled a criminal. it is appropriate for the poster's fiance who after being convicted once has decided the stigma of being a criminal is okay and has gone on to commit more crimes.

 

[liv2luv]

Free Advice is usually free advice right?

I'm speaking as a person who is in life-whether it be good or bad. When you decide to ask someone for free advice-it's difficult enough to live with the indecision from day to day of whatever difficulty has marred your existance, but it's still another tough decision to bare all of your misfortune or your partner's misfortune to the WWW on a site that from the advertising that's been set is selling it's worth on that tag-free advice. When someone feel's desparate and there's no hope-this site really does give someone the feeling that it's possible to find a person that just wants to help-for free to whoever needs it. That's what your here to do-give out some free advice. Usually it's not someone with any law knowledge or even experience with the kind's of problems their experiencing at the moment. So, be it a simple question-a dumb question-or a intricate case set for trial-all they want is free advice on the certain legalities their experiencing.....nothing more, and certainly nothing less. I think if you can help, it's up to you and how you deem the importance of passing on to someone who you could probably help in a huge way, even if it's just a "yes, you can" or "no, you can't" answer that is probably enough for them to keep going and getting through whatever has happened to cause them to put part of their life's misery and shame in front of the WWW. Be the counselors-the free advice helpers-leave the judgement to the judges. You never know-you might feel better about it. And the bad day you had and the worlds morons that you encountered should be left outside of this forum-of free advice.Lets practice a little more humanity, patience and sympathy. People really need it guys! And that's why you do this....sorry, I had to speak my mind. Hope you understand why.

 

[stephenk]

"Be the counselors-the free advice helpers-leave the judgement to the judges."

Why? some posters are so concerned with the irrelevant parts of their lives they fail to see the bigger problem/s that keep them down. This poster is concerned about her fiance's current attorney not helping him while ignoring the fact that her fiance continues to live a life of crime. the latter is more relevant to her life than the current legal woes of her husband to be.

if no one close to her is telling her that the guy she wants to marry and raise their kid is clueless, maybe she does need to see it on this site.