What is the name of your state (only U.S. law)? California
Hi,
I just wanted to post an update to my situation. If you want any background info on my case my thread is HERE: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/citizens-arrest-trespassing-not-arrested-552374.html
Just to refresh, the DA was supposed to have contacted the "victim" (my ex) during the pre-trial hearing but he hadn't had time so my lawyer motioned for trial. Today 9/12/11 was the day for jury selection and my lawyer was confident that the DA should have contacted her by now and had read all the emails in the discovery file my lawyer had sent him. Apparently the DA had spoken to my ex but claimed he never received any discovery file from my lawyer and asked for "continuance" from the judge to which my lawyer said no that he didn't want to prolong this any further.
I am actually quite upset about the fact that my lawyer denied continuance to the DA and i feel as if though he should have consulted with me first before saying that. I figured that given more time and seeing all the evidence he might be more inclined to drop the case, but its too late to hire anyone else so i guess im stuck. Hes a great attorney just very headstrong.
Now the case is set for trial on 09/21/11 and i can honestly say i never expected it to go this far. The DA seems as if this isn't on the top of his priority list. My lawyer is going to resend his discovery packet to the DA. Is there still a chance that the DA could dismiss it once he reviews the packet and sees that its not a case he can win? If so would this happen on the day of the trial or before that. Any help would be appreciated just very stressed out.
Hi,
I just wanted to post an update to my situation. If you want any background info on my case my thread is HERE: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/citizens-arrest-trespassing-not-arrested-552374.html
Just to refresh, the DA was supposed to have contacted the "victim" (my ex) during the pre-trial hearing but he hadn't had time so my lawyer motioned for trial. Today 9/12/11 was the day for jury selection and my lawyer was confident that the DA should have contacted her by now and had read all the emails in the discovery file my lawyer had sent him. Apparently the DA had spoken to my ex but claimed he never received any discovery file from my lawyer and asked for "continuance" from the judge to which my lawyer said no that he didn't want to prolong this any further.
I am actually quite upset about the fact that my lawyer denied continuance to the DA and i feel as if though he should have consulted with me first before saying that. I figured that given more time and seeing all the evidence he might be more inclined to drop the case, but its too late to hire anyone else so i guess im stuck. Hes a great attorney just very headstrong.
Now the case is set for trial on 09/21/11 and i can honestly say i never expected it to go this far. The DA seems as if this isn't on the top of his priority list. My lawyer is going to resend his discovery packet to the DA. Is there still a chance that the DA could dismiss it once he reviews the packet and sees that its not a case he can win? If so would this happen on the day of the trial or before that. Any help would be appreciated just very stressed out.
