WE NEED DIRECTION - QUICK

[savvygirl2000]

OKAY! In 1996 my husband was released from a 12 year prison term which at that point due to a new law that passed in jan. 1996 was deemed into the hands of the Mental Health department for psych. evaluation to see if he had the characterics of a SVP under Welfare and Institution code 6600. After 1 1/2 of hearings, postponement etc. at the pre-trial discovery, our public defender discredited 3 state doctors and he was released. NOW MY NOT SO SMART Husband has had a parole violation whereas the the D.A. is trying to refile and committ him under the same W & I Code 6600. We get this new public defender that is an absolute JOKE, wanting to reconnect with the original victims from 15 years ago, when if he would simply review the law and the current superior and appealant court rulings he would see that this is not necessary. His mental health today, as well as the possiblity of him re-offending is the questions. Well after extensive research through public rulings I have come to the conclusion that the D.A. has violated the code first and formost under the new detainer. It stipulates that he needed to be re-evaluated prior to his detainment. This did not happen til a month after he was already in confinement. Second, the D.A. is not allowed to let new doctors review and compound a decision thus causing the second error. His violation had nothing to do with his initial sexual crime, he had a dirty test, which means the first dismissal should stand due to the fact that no new evidence has arisen, and it should be dismissed. IF WE COULD GET THE ATTORNEY TO LISTEN that would be one thing, but he is a trial lawyer looking for a trial. Today was the day the they had set for the probable cause hearing, allowing each side 2 months to prepare. Our attorney without our approval or consent was going for a one month postponement so his invesitgator could contact the original victims. So we were going to request a Marsden hearing today and seek new counsel, my husband never even made it in front of a judge. What Can we do? This attorney (Excuse me, is an idiot and unjust to his clients) Last month in closing arguments he put a brown paper bag over his head and told the jury this one was in the bag for them. Believe it. The judge did not say anything! Help... I am looking for new counsel, but can't seem to find anyone to take the case.. Where do I start to eliminate this one. Do I go over his head at the public defenders office, or what..

Thanks for the input.

Savvylo

 

[Tracey]

Talk to legal aid, mental health advocates, and the state bar to find another lawyer who will work pro bono or at a reduced rate. If all else fails, H has a right to represent himself & can put forth the arguments you listed, while his attorney pursues the other arguments. H can also request the court assign him a new PD. This request will be more likely to succeed if H has the arguments as to why the DA is acting illegally all tied up in a neat little bow for the judge, making it glaringly obvious that H could have been out of jail a long time ago if the PD had a brain.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[mme]

UH savvygirl...... to most of us you are not even close to savvy....if you were you would have left this bum 15 years ago.....

Please we want to know about YOUR mental problems, not his.......and why you still want to be with a sexual perbert, and a parole violator, and who knows what else...

Dont tell me you love him, with all the good decent single men who have never commited a crime, and who dont beat women or rape them... and you waste your life with this?

Please explain this nutty concept to me..


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by savvygirl2000:
OKAY! In 1996 my husband was released from a 12 year prison term which at that point due to a new law that passed in jan. 1996 was deemed into the hands of the Mental Health department for psych. evaluation to see if he had the characterics of a SVP under Welfare and Institution code 6600. After 1 1/2 of hearings, postponement etc. at the pre-trial discovery, our public defender discredited 3 state doctors and he was released. NOW MY NOT SO SMART Husband has had a parole violation whereas the the D.A. is trying to refile and committ him under the same W & I Code 6600. We get this new public defender that is an absolute JOKE, wanting to reconnect with the original victims from 15 years ago, when if he would simply review the law and the current superior and appealant court rulings he would see that this is not necessary. His mental health today, as well as the possiblity of him re-offending is the questions. Well after extensive research through public rulings I have come to the conclusion that the D.A. has violated the code first and formost under the new detainer. It stipulates that he needed to be re-evaluated prior to his detainment. This did not happen til a month after he was already in confinement. Second, the D.A. is not allowed to let new doctors review and compound a decision thus causing the second error. His violation had nothing to do with his initial sexual crime, he had a dirty test, which means the first dismissal should stand due to the fact that no new evidence has arisen, and it should be dismissed. IF WE COULD GET THE ATTORNEY TO LISTEN that would be one thing, but he is a trial lawyer looking for a trial. Today was the day the they had set for the probable cause hearing, allowing each side 2 months to prepare. Our attorney without our approval or consent was going for a one month postponement so his invesitgator could contact the original victims. So we were going to request a Marsden hearing today and seek new counsel, my husband never even made it in front of a judge. What Can we do? This attorney (Excuse me, is an idiot and unjust to his clients) Last month in closing arguments he put a brown paper bag over his head and told the jury this one was in the bag for them. Believe it. The judge did not say anything! Help... I am looking for new counsel, but can't seem to find anyone to take the case.. Where do I start to eliminate this one. Do I go over his head at the public defenders office, or what..

Thanks for the input.

Savvylo<HR></BLOCKQUOTE>

 

[inabind]

Hi, I don't know much about your case, but it seems like you are really doing your home work. Do you know anything about the message,
What happened to the justice? That is my message & I can't seem to find out anything. Please help, if you can. Good luck with yours. God Bless You!