motion was denied my lawyer wants me turn myself in on friday. why can't i wait till monday

What does it mean if motion is denied?

What does an order denying a motion to suppress mean in California? Generally, it means that the court will not block evidence in a criminal case.

What happens when a judge Cannot make a decision?

After judge makes up his or her mind by making a ruling, the second obligation of the judge is to enter an order. Some judges assign the task of writing the order to one of the attorneys. Particularly when he or she is undecided, a judge will occasionally tell both of the attorneys to submit a proposed order.

What is a Marsden hearing?

A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.

What does it mean when your attorney does not respond?

The lawyer has stopped representing your case. They don't know how to properly communicate. Your case is complicated. They are away from their office.

How do you get a judge to rule in your favor?

How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•

Does the judge make the final decision?

Decides the verdict by deciding the facts. Decides on issues of law during a trial. Decides whether or not there is enough evidence to bring criminal charges.

What is the Romero motion?

A Romero Motion is a request to have a prior conviction that was designated as a strike to be treated as a non-strike so that any sentence imposed for your current offense is not enhanced.

What is a 995 motion?

A PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. It is filed after a “preliminary hearing” in a felony case.

What is prejudice prong?

With respect to the prejudice prong, a defendant must show that "counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." That is, a defendant must show that there was "a reasonable probability that, but for counsel's unprofessional errors, the result of the ...

How long should I wait for my attorney to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Benefits of Turning Yourself in to Police

If you are wondering, “What are the benefits of turning myself in?” you’re not alone. Many people are worried about what happens when you turn yourself in for a bench warrant. However, there are some benefits of turning yourself in, including:

Turning Yourself In Guide

The criminal defense lawyers at Kurtz & Blum have prepared this guide to help inform you about what to expect when turning yourself in for a warrant. Here are the most important things you should know:

How Kurtz & Blum Can Help

If you would like to negotiate your surrender or need legal advice about your case, contact Kurtz & Blum. We’re in your corner. When you hire us, you benefit from over half a century of combined legal experience because our whole team works on your case. We can discuss your legal rights and options during a confidential consultation.

3 attorney answers

It is very hard to gauge why your motion was denied in the first instance because we do not have all of the facts and circumstances. Getting a court to vacate and set aside a judgment is a steep hill to climb, not insurmountable, but steep. You are essentially asking a court to toss another judge's order in the garbage can.

Clifton Robert Dorsen

I suggest that you consult with an attorney right away. If the judgment is over credit card or other consumer debt, I suggest that you speak with a consumer protection or debt defense attorney. Perhaps it is not too late for counsel to come in and bring an amended motion...

Kris K. Skaar

Usually a motion for reconsideration must be filed within ten days of the order . The rest is hard to say here because exactly what it was you were asking to "set aside" is not described.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.

What happens if a lawyer withdraws from a case?

If a lawyer does withdraw from a case, he or she still has ongoing duties. For example, he or she must maintain client confidentiality. Additionally, if the lawyer has any of the client’s property, he or she must return it. He or she must provide the client’s file upon request and cooperate with the transfer process.

What to look for when a lawyer has not been paid?

The first place to look for issues regarding representation when a lawyer has not been paid is in the client agreement that he or she has in place and that the client signed. This agreement may state how the lawyer will be paid and when the lawyer can withdraw from representation. There may be a clause that states that failing to pay for ...

What are the rules of conduct for a lawyer?

The professional rules of conduct may permit the lawyer to withdraw when he or she will not be negatively impacted by the withdrawal or if there is a suitable replacement that is willing to take on the case. The professional rules of conduct often allow the lawyer to abandon the client even in some situations when it may harm the client’s interests.

Why is it less likely to allow a client to withdraw from a case?

Prejudicing the Client’s Position. The court is less likely to allow withdrawal if withdrawal would materially prejudice the client’s ability to litigate the case. This may be the case when a trial is imminent. Additionally, the court may not honor the request to withdraw if the facts giving rise to the request to withdrawal are in dispute.

Why do lawyers withdraw from their jobs?

One common reason is because the client has not paid the bill. Lawyers are not expected to work without compensation. The professional rules of conduct may permit the lawyer to withdraw when he or she will not be negatively impacted by the withdrawal or if there is a suitable replacement that is willing to take on the case.

Can a lawyer sue a client for owed money?

If the lawyer is owed money, he or she may have a right to sue the client. He or she cannot realistically be opposed to the client and provide proper representation in his or her case.

Can a lawyer refuse to act on a client's behalf?

A lawyer makes a motion to be relieved as counsel before he or she will be permitted to stop working on the case. He or she cannot simply refuse to pass along information or act on the client’s behalf simply because the judge has not yet granted the motion. The court can refuse to honor the request to withdraw.

What to do after time has passed on a motion?

After some time has passed, or when there is urgency to your motion, you may need to take some extraordinary measures to get a ruling on your motion. This may mean going to the reviewing court (the state court of appeals) for help.

What is a motion in a lawsuit?

Motions are written requests by a party to a lawsuit asking a Judge to make a specified ruling or Order related to an issue. For example, a slip and fall victim as a “party plaintiff” can “move” to have the court issue an order requiring the defendant turn over any video surveillance of the slip and fall.

What is a motion for summary judgment?

However, there is a Motion that can end a case by entry of a judgment in favor of the moving party, called a Motion For Summary Judgment (MSJ).

Do judges have to meet procedural requirements?

Check the Rules of Procedure. Finally, there are certain cases where the Judges do have some procedural requirements to meet in ruling on Motions made in pending litigation. For instance, family law cases are special kinds of matters. In family law, child custody issues may be vitally important and need fast action.

How to handle a warrant?

To handle a warrant, you must turn yourself into the court, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the Failure to Appear charge and any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it. If this is a felony, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.

Who could recall a warrant?

Craig W. Elhart (Unclaimed Profile) Only the prosecuting attorney could recall the warrant. Generally, if the warrant is issued, you will be arrested. You will then have the opportunity to defend against the charges and depending on the defense could have the charges dismissed.

What to do if you have a warrant for arrest?

If a warrant was issued for your arrest for a situation such as missing a court date, etc then you may want to consider hiring a local attorney to represent you. It may be possible for your attorney to contact the courts and negotiate that the warrant be dismissed in return for your promise to appear in court at a later date and/or pay fines.

How to get a warrant removed?

The only way to have a warrant removed is to appear in court to sunder yourself. In some instances, where the charges are minor misdemeanors an attorney can appear on your behalf, if there are logistical reasons why you cannot appear yourself. Report Abuse. Report Abuse.

Can a prosecutor recall a warrant?

Only the prosecuting attorney could recall the warrant. Generally, if the warrant is issued, you will be arrested. You will then have the opportunity to defend against the charges and depending on the defense could have the charges dismissed.

Do warrants go away?

Warrants don't go away unless a judge recalls it or you're arrested on it. You don't say why a warrant was issued for you, but either you're going to have to appear in court (with your lawyer) or in certain circumstances, your attorney may be able to appear for you.

Can a lawyer appear in court?

Many times a lawyer can appear in court for you (and if a misdemeanor warrant) you may not have to even appear in person. The lawyer can ask the judge to recall the warrant and enter a plea of not guilty and then defend you in your case.