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Not playing by the rules

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Skapegote

Member
Some my entire long explanation got deleted okay I was living with my friend who owns a duplex the person on the other side live there free her son is supposedly my roommate's Grand nephew actually she doesn't live there she just uses it as and address and her son stays there she sleeps somewhere else anyway she had been harassing me because I believed they were scamming
my roommate by having her friend exchange her fuse box and I asked for an itemized statement so she started doing stupid stuff stealing my things getting the weed eater out and throwing grass on things I was painting when she stole something off the front porch I called her told her I knew she had it in her petty stuff was really getting on my nerves a week later is when I was painting the trim and she came out with the weed eater and started throwing grass I yelled at her and my roommate came out everybody's exchange words she goes to the county attorney and said that I had come out cussing her two times and told her son she was a b**** which that never happened she also said that my roommate was the father of her child get served a summons in May when I looked at it the judge has signed it October 31st and the original court date was in November I can't find out why that happened my copy said not original copy stamped on it I go to court judge continued it for 2 weeks go back to court and they continue it for another two weeks because they want her there the third time I come to court after setting through everybody in the entire courtroom but one person about 3-4 hours they call me up there and a public defender says "sign this" that's the only words that man ever said to me I said but I didn't do anything the judge told me just sign it all you have to do is leave her alone for a year it was a diversion so I signed it a month later I'm at my friend's house waiting for him to come home it is dark outside that she throws a chair on the porch when I open the door she's standing in front of the steps with the lawn mower so I take her picture she took my picture and they called the police the police came said I was okay just don't go out there on the porch which is BS you need to show that the next thing I know I get another summons to come to court where they said I violated the conditions of the diversion the prosecutor only called her and her son they both lied and said that she had been mowing the yard didn't know I was there and it was about 6:15 in the afternoon the prosecutor knew that was a lie because of the police report but she never did call the police and I was found in violation and the picture shows that I'm inside the house taking her picture they violated me on that so now I go to court again I have the 3rd public defender and he said he will be doing the trial so they postponed it again so I go back again I said I wanted to proceed pro se in the judge asked the prosecutor win the trial date she wanted I spoke up again it said I do not want to trial date yet because I haven't had any Discovery and I don't know that evidence at the judge said there is no evidence except maybe her testimony this is the same judge that signed the summit why would you do that if there is no evidence
I need to know if I can file pro se and have the public defender like his co-counsel to help me with the document she will not return my call I also want to file for Discovery I want to file an interrogatory I need subpoenas for Witnesses and there is no cause of action as far as I can see she has no damages and it's all a lie and I can prove it then I want to file a civil suit and get all my expenses back I went to a local attorney and he said I needed to get an out of county attorney it seems they have a Target on me and this is for 2 class b misdemeanors this is insane.
 
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quincy

Senior Member
What are the charges filed against you?

I don’t think you should try to represent yourself. You need an attorney.
 

Skapegote

Member
I have a fixed income and I can't really afford an attorney I thought if I just asked for the discovery and especially interrogatories to her and my former roommate and had the police reports of calling them on me that they would just drop it I'm sure she's not going to want to get on the stand. I haven't had any say in my defense. There was no response, no one has asked me one single thing about any of this.
 

Skapegote

Member
They just charged me with harassing Communications and disorderly conduct there was no cop anywhere around I guess the only disorderly conduct is meat supposed to cuss in her in the yard I told her too and she's a big but it never happened and she was in the part of the yard where I was living if you would just come home aggravating she comes over there every time now that I'm there but she doesn't live there she just comes by and feed your son in catch up on me I don't know why she lives there free this is supposed to upkeep the yard and I really hate to give Matt you may involve doing this but I'll need subpoenas to get them on the stand
 

quincy

Senior Member
I have a fixed income and I can't really afford an attorney I thought if I just asked for the discovery and especially interrogatories to her and my former roommate and had the police reports of calling them on me that they would just drop it I'm sure she's not going to want to get on the stand. I haven't had any say in my defense. There was no response, no one has asked me one single thing about any of this.
I understand you cannot afford a private attorney. But you are going to need your current lawyer (the public defender appointed to help you).

What I suggest you do is write out very briefly what you want your attorney to do and what questions you have. Leave out any extraneous information. Bullet points would be good. Submit this list to your attorney (in care of the public defenders office if necessary).

Your lawyer works for you so should spend some time with you discussing your case prior to trial.
 

Skapegote

Member
I understand you cannot afford a private attorney. But you are going to need your current lawyer (the public defender appointed to help you).

What I suggest you do is write out very briefly what you want your attorney to do and what questions you have. Leave out any extraneous information. Bullet points would be good. Submit this list to your attorney (in care of the public defenders office if necessary).

Your lawyer works for you so should spend some time with you discussing your case prior to trial.
Thank you
 

Taxing Matters

Overtaxed Member
I have a fixed income and I can't really afford an attorney I thought if I just asked for the discovery and especially interrogatories to her and my former roommate and had the police reports of calling them on me that they would just drop it
I agree that you need a lawyer. If you do this pro se (which means doing it yourself) you're going to face a lot of problems if you don't know the rules of criminal procedure. For example, you mentioned interrogatories. In most states, including Kentucky, interrogatories are a discovery device used only in civil cases, not criminal cases. And even in civil cases, the interrogatories are only directed at the opposing party. You don't serve interrogatories on third party witnesses. If you want their testimony, you need to subpoena them to appear at the trial. Once served with the subpoena whether they want to appear or not doesn't matter. The subpoena requires the person to show up. But you need to be sure before you put that person on the stand that the testimony will help your case.

On the other hand, the state has to prove you guilty. The cops didn't see what happened so the cops can't testify about what happened. So the state will have to call one or more of the people who did witness it to testify against you if this goes to trial. So the issue is whether what they will say will convince a jury you are guilty of the charged offenses.
 

Skapegote

Member
Oh thank you for that information I would have looked real silly and filing an interrogatory okay the definition I found for harassing Communications says a communication meant to annoy blah blah blah for no legitimate reason. Well I thought if I could show that the communications were immediately after something she did for me like the first one was after she stole something off my front porch and this next time was when she threw grass on the Tim I had just painted and the next n Wesleyan she call the city and through my antique church benches up on the road gave away some bookcases and other things I had outside and got rid of several antiques and beveled mirrors and things I had stored in front of the shed and the last one was a picture of Janis Joplin saying not giving a f*** is better than Revenge so they did all have a purpose and the disorderly conduct is end my own yard that she came in add the one about telling her son she was a b****** a downright lie and I can call him and the neighbor saw her getting rid of the stuff and she gave the neighbor my bookcases and I could call her to testify about that plus she told me when she moved in that she thought the plaintiff lived in my side because she spent so much time over there the only proof that the prosecutor has is her work and when I asked the judge about Discovery he said there was no evidence then he said just her word so on paper right now it only has her down to be a witness.
I would very much like to have a paid attorney but I can't find anyone in this County to take it I could maybe come up with $500 but I even called attorney in a close by City And his advice was to get it out of County attorney
 

quincy

Senior Member
You should trust that your public defender knows what he is doing and will work for your benefit.

The major difference between a public defender and a private attorney is the amount of time they might have to spend with a defendant on any one case. Public defenders tend to have large caseloads and are generally working with several clients at once.


Good luck.
 

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