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Waiting 2 yrs in jail for court/trial

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undefinedWhat is the name of your state?Georgia

My ex-husband was jailed and charged with Probation Violation and a Rape charge on July 8, 2003. He's been detained in the county jail for 2yrs now, he's been transported to court 17 times (except prelim) but never seen by the judge. He has a court appointed attorney, at which he has not heard from in months and I'm really unsure as to where to start to help him. I cannot afford to get him an attornery so Court appointed he will have to deal with but doesn't he have the right to fire that one and have another represent him?

The probation charge was valid but the Rape charge is a resentful 28 yr old women that couldn't handle the fact that he didn't care about her....he admits they had sex but it was not rape. I do believe him or I wouldn't be helping him. There's no evidence except his admission that yes they had sex. And there is proof that she called him several times after the incident was suppose to have taken place. There's also a case history of her making up stories.

How do we know if his atornery is really doing what he should be to defend him....I'm scared for him...the DA offered him 20 do 10yrs.... months ago and said he would lessen the charge to aggrivated assault/attempt to rape. He said no way, I didn't do it.

Thanks for any advice...helpless in GA
Michelle
 


He was on Probation for a fight he had gotten into, but he didn't go to see his Probation officer like he was suppose too. That should actually be time served...2 years I think was the sentence on that. Where we live in Georgia, he's in Gwinnett County they give 2 for 1 on days served.

The probation violation charge had nothing to do with the other.
 

stephenk

Senior Member
if he has waived his right to a speedy trial and his attorney is agreeing to the continuances, there really isn't much you can do except hire him a private attorney to rescind the speedy trial waiver and ask for an immediate trial date.

By the way, why are you so keen on helping your ex-husband?
 
I've tried to stay out of it but I truely believe he is being railroaded. I believe in his innocense. And it has taken its toll on our son, who is 12yrs old. He worries constantly about his father and it breaks my heart to see him cry...he wants his Dad back. And no I don't, I've moved on but I do care about what happens to him.

I'm not sure if he waived his rights to a speedy trial, I can't afford to get him a lawyer...he has to use a court appointed one.

Thanks for helping me...
 

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