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? |