Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-07-2009, 07:29 AM
Junior Member
 
Join Date: Oct 2009
Posts: 1
Exclamation

My attorney seems to be on the other side


What is the name of your state (only U.S. law)? Maryland


I'm being charge w/ a crime of violating Edu Art 7-301 of Md law. I have hired an atty but I don't feel that he has my best interest at heart. He refuses to submit motions that I have asked him to submit, he has discussed my case with witnesses from the other side, he makes me feel as if I'm guilty until proven innocent & he is insisting that me taking the witness stand is the ONLY way I'll even have a small chance of winning my case. He also continues to try and address issues that I'm NOT being charged with. How can evidence & witness testimony be entered into court case without the witness taking the witness stand? Can some one testify by telephone if the can not reasonable travel to the United States for a court case and their testimony is relevant to the case? Can you argue constitutional law and cases that were heard in federal courts in the "District court for Montgomery County, Md" Can I submit Affidavits of Fact to the court before trail as my testimony & not take the stand?

Please state the laws and cases with your answers. The motions that I asked him to file were "motion to dismiss based on lack of subject matter Jurisdiction and lack of evidence" They are charging me with not sending my child to school, BUT my child was not in their county during most of those dates. She was living outside of the USA with her father who has legal custody of her. The law that I gave my atty stated that "If the parents of a minor child live apart, the domicile of the child is the same as that of the parent whom custody is awarded" He said that is not enough and we need Montgomery county law or at least more maryland law to file a motion to dismiss. SO i gave him COMAR 13A.08.01.01A that said a child must attend school where the child is domiciled with the child's parent. and MD. Code ANN Educ. 7-101(b) a student living with a parent or guardian is a bona fide resident of the jurisdiction where the parent or guardian resides. My child did NOT travel on her American passport which I have but her foreign passport which her father refuses to even give me a copy of. to present in court. MOST OF ALL I do not want to take the stand!!! But I do want to let the court know that she was NOT living with me for most of the time that they are charging me with. Also can you call the Prosecuting attorney to take the stand as he is one of the people who were at the initial school board meeting that was held?
  #2  
Old 10-07-2009, 12:28 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by aliyah View Post
What is the name of your state (only U.S. law)? Maryland


I'm being charge w/ a crime of violating Edu Art 7-301 of Md law. I have hired an atty but I don't feel that he has my best interest at heart. He refuses to submit motions that I have asked him to submit, he has discussed my case with witnesses from the other side, he makes me feel as if I'm guilty until proven innocent & he is insisting that me taking the witness stand is the ONLY way I'll even have a small chance of winning my case. He also continues to try and address issues that I'm NOT being charged with. How can evidence & witness testimony be entered into court case without the witness taking the witness stand? Can some one testify by telephone if the can not reasonable travel to the United States for a court case and their testimony is relevant to the case? Can you argue constitutional law and cases that were heard in federal courts in the "District court for Montgomery County, Md" Can I submit Affidavits of Fact to the court before trail as my testimony & not take the stand?

Please state the laws and cases with your answers. The motions that I asked him to file were "motion to dismiss based on lack of subject matter Jurisdiction and lack of evidence" They are charging me with not sending my child to school, BUT my child was not in their county during most of those dates. She was living outside of the USA with her father who has legal custody of her. The law that I gave my atty stated that "If the parents of a minor child live apart, the domicile of the child is the same as that of the parent whom custody is awarded" He said that is not enough and we need Montgomery county law or at least more maryland law to file a motion to dismiss. SO i gave him COMAR 13A.08.01.01A that said a child must attend school where the child is domiciled with the child's parent. and MD. Code ANN Educ. 7-101(b) a student living with a parent or guardian is a bona fide resident of the jurisdiction where the parent or guardian resides. My child did NOT travel on her American passport which I have but her foreign passport which her father refuses to even give me a copy of. to present in court. MOST OF ALL I do not want to take the stand!!! But I do want to let the court know that she was NOT living with me for most of the time that they are charging me with. Also can you call the Prosecuting attorney to take the stand as he is one of the people who were at the initial school board meeting that was held?
**A: hire another attorney.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:46 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.