when will the da speak to my lawyer

Contact the district attorney if a crime against you is not being prosecuted. DAs typically have 1 to 2 years to bring charges, and a trial may be delayed by workload or the need to gather evidence. That said, if you are a victim and feel that the DA is failing to pursue your case, you can write a letter encouraging him or her to do so.

Full Answer

When does a lawyer have to give a client an explanation?

 · Hypothetically, a person accused of a crime can try to speak with the D.A., the district attorney’s office, and/or a deputy district attorney. But note that the ethics rules state bars say that a prosecutor or DA’s office cannot speak with a defendant if a lawyer knows that he/she is represented by a defense attorney.

What should I do if my lawyer doesn’t communicate?

 · I'm being charged with a felony c and don't want jail time. i was told in group tjat i can talk to the da before court and make a deal . More . ... The prosecuting attorney will not speak to you and certainly will not negotiate a deal with you in a felony case. There are ethical considerations in speaking to an unrepresented person and the ...

Why won’t my lawyer Call Me?

 · All of this is much easier with an attorney though. If you do not want to use your previous attorney, hire an attorney to do the Motion only. It will save you a great deal of time and efforts than doing it on your own. Good luck! Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.

How do I tell my lawyer that I'm dissatisfied?

How long should it take for your lawyer to respond to you?

24-48 hoursA: 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.

Why do prosecutors sometimes choose not to prosecute?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Why is discovery taking so long?

Those reasons include everything from a court's crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal maneuvering with things such as summary judgment motions, and ...

How long does DA have to file charges in California?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.

What do prosecutors need to prove in the courtroom for a defendant to be convicted of a crime?

beyond reasonable doubtProof. In a criminal hearing or trial, it is always up to the prosecution to prove the offence, and this must be proved to a standard called 'beyond reasonable doubt'. You do not have to prove your innocence, or any alternative set of facts; you need only raise a reasonable doubt as to the prosecution's case.

Why would the prosecutor delay the discovery?

Sometimes, the state has to issue subpoenas to get the Discovery. If the state has to obtain medical records, this can delay the completion of Discovery. Federal and State Health Privacy laws require that prosecutors obtain a Court Order allowing them to have access to a criminal defendants medical records.

How long does a discovery take?

Once a lawsuit is commenced, the first significant step is an examination for discovery. The discovery is typically followed by a mediation (or settlement meeting). Typically, it should not take more than 8 months, or so, to book discovery dates.

What is the discovery phase of a lawsuit?

If a lawsuit gets past its initial stages, the plaintiff and the defendant will go through a period of discovery. This involves asking the opposing party or other people to provide information that would not be publicly known or readily available to the party seeking it.

How long does it take for a district attorney to file charges in California?

Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

How long does the DA have to file misdemeanor charges in California?

one yearWhat are the limitations for misdemeanors? Most California misdemeanors have a SOL of one year. This means a prosecutor must file charges of a misdemeanor within one year of the offense. If no charges are brought during this one-year time period, a prosecutor loses the right to file them in the future.

How long do cases stay open California?

Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong. Statutes can be extended (“tolled”) for various reasons.

Why do women wait to hear from the DA?

Sometimes weeks go by without communication only because women aren't quite sure how it's all supposed to work.

How long does it take for a police report to be sent to the DA?

There shouldn't be any more than a 24 hour delay in the transition, since police reports are generally sent daily to the DA by a special courier. Furthermore, cases are usually logged into the DA computer as soon as they arrive at the DA's office. Unfortunately, there are some police who will tell you the case has been sent to the DA when it's simply not true. Some do this as a way of brushing you off.

What to do if victim decides to make calls?

If the victim decides she wants to make the calls, be sure and help her put together her message. Rambling, emotional messages from victims can unfortunately have the opposite effect of souring the attorney to the case.

What information can you get from a court case?

The computer data bases they're consulting usually contain extensive information on the case, the suspect, and related court proceedings, including such information as detailed minutes of the last court hearing, details of plea agreements, probation conditions, and much more.

How long does it take for a suspect to be released from jail?

If this arraignment doesn't happen within 48 hours of arrest, then the jail must set the suspect free. This means that if the suspect is in custody, the DA must review the police report and decide which, if any, charges to file well within the 48 hour period, or the suspect will be set free.

How long does it take to get a charge filed in California?

This is because any suspect who is in custody has a right to appear before a judge and be informed of the charges filed against him within 48 hours (in California) (not counting days when the courts are closed). (The time frame may vary slightly in other states.)

What is a DA front desk person?

The DA front desk person generally has a computer in front of the them and can answer basic case status questions for anyone who calls, whether they're connected to the case or not. (The one bit of case information that will not be given out is the name and other personal information of the case victim.)

3 attorney answers

There is a form motion to file in order to get your property back. The DA likely doesn't have it anyways, so I wouldn't bother there. File the motion with the clerk and ask for a hearing date. The likelihood is, if the case was dismissed, the judge will sign the order without a hearing. More

Andrew Nicholas Clifford

I agree with the other attorney who has posted already. Hands down, the DA will not speak with you about this case. What you need to done is to file a Motion to Return Seized Property or have your attorney do it. If the case was dismissed, you will get a judge to sign an Order.

Dustin R. T. Sullivan

You can, however, very often, the DA, by their own choice, will not speak to defendants directly. Having said that, given that your case is now dismissed, and you are just attempting to get return of you property, perhaps they will.

Who can contact the arraignment prosecutor?

Redd's attorney may be able to contact the arraignment prosecutor to seek a mutually agreeable outcome. Redd's attorney can point out information that the intake prosecutor may not have been aware of—Redd didn't own the gun; he had borrowed it for protection, and inadvertently had it in his backpack.

What happens if the defense counsel points out weaknesses that the intake prosecutor did not consider?

For all these reasons, if defense counsel can point out weaknesses that the intake prosecutor did not consider, or convince the prosecutor that further proceedings would not be in the interests of justice, a prearraignment meeting between the defendant's attorney and the prosecutor may result in the case being derailed before arraignment.

Why is courtroom docket crowded?

Especially in urban areas, courtroom dockets (schedules) are crowded. By quickly disposing of weak cases , prosecutors can devote the little time they have to more serious cases. And disposing of iffy cases early on spares the courtroom prosecutor of the embarrassment of showing up in court with weak cases.

Why do intake prosecutors analyze cases?

First, in most parts of the country, intake prosecutors (not the police) are supposed to analyze cases to make sure that there is evidence of guilt and that prosecution is in the interests of justice . Frequently, however, the caseload is so heavy that reviews are cursory, and weak cases sometimes slip into the pipeline. If an attorney who is well known to the courtroom prosecutor can convince that prosecutor of the weaknesses in the case, the case may get dismissed.

What is intake prosecutors?

First, in most parts of the country, intake prosecutors (not the police) are supposed to anal yze cases to make sure that there is evidence of guilt and that prosecution is in the interests of justice. Frequently, however, the caseload is so heavy that reviews are cursory, and weak cases sometimes slip into the pipeline. If an attorney who is well known to the courtroom prosecutor can convince that prosecutor of the weaknesses in the case, the case may get dismissed.

What happens before arraignment?

Before arraignment, no one in the prosecutor's office has invested a lot of time or money in the case. With less invested, it's easier to let a weak case go.

Do you have to have a lawyer appointed at arraignment?

Defendants who are represented by court-appointed counsel ( sometimes referred to as public defenders) often don't even have counsel appointed until the time of arraignment. And a self-represented defendant should not risk additional legal difficulties by discussing the case with a prosecutor before the arraignment (assuming that a prosecutor would agree to meet with the defendant in the first place).

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 to do if your lawyer doesn't understand your goals?

If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.

What to do when you meet with a new lawyer?

If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.

How does changing lawyers affect your case?

Will changing lawyers be detrimental to my case or legal issue? Changing a lawyer in the middle of an active litigation is like changing pilots in the middle of a flight. It will take time for the new attorney to get familiar with the file, particularly if the case is complex. In addition to potential delays, this process might also cost you money, since your new attorney will bill you for the time spent performing that review and getting up to speed. Also consider the immediate state of your case. Is there an upcoming appearance, hearing, or motion deadline? If so, your new attorney might not have time to adequately prepare.

Why doesn't my attorney understand my case?

This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.

Why do lawyers earn a living?

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy.

What is an unprofessional attorney?

The attorney is unprofessional. For example, the attorney wastes time in meetings, does not appear to be prepared for court, seems very disorganized, or in the worst-case scenario, seems to be mishandling your funds or documents. The attorney does not communicate with you.

What to do if you haven't paid your attorney's fees?

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.

How to find out if a district attorney is a district attorney?

1. Look up the correct address online or call the county court. An online search including “district attorney” and the county or city name will almost always turn up an email and physical address. Alternately, you can call or visit the country or city court to request this information. If you are looking for the specific attorney handling your ...

Why do you write a letter to the District Attorney?

There are many reasons for writing a letter to the District Attorney (DA). Whatever your reason, you’ll want to draft a formal, respectful letter to give your inquiry the best chance of success. You’ll also want to include all the information necessary to support your inquiry, whether it involves a trial, reporting a crime, or dealing with a traffic ticket.

How to find the district attorney for a ticket?

Find the name and address of the District Attorney handling your case. You can call or email the clerk of the court for the county or city where you received your ticket to discover the District Attorney for your case.

How to communicate during a trial?

During the course of a trial, you may need to send written statements or other information to the district attorney, or ask questions. Do not write the district attorney if you are the defendant in a criminal case.

How to find a lawyer for a case?

If you are looking for the specific attorney handling your case, it is best to email or call the county or city court clerk to find this information.

What to do if the government doesn't turn over records?

If the government fails to turn over records, the next step is usually to contact the local district attorney to lodge a criminal complaint.

What to do when pulled over by a police officer?

Be courteous when pulled over. The DA will likely contact the officer who pulled you over to ask about the incident. Officers take notes on each stop, and if you were rude, he will let the DA know. That will likely mean the failure of your request, since the success of your letter depends on the DA’s good will

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.