why does my lawyer talk to the assistant da and not the da

Why write a letter to the district attorney (DA)?

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.

What to do if the DA is failing to pursue a case?

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. For best results, be sure to add a cc list, letting the DA know that you have also sent the letter to other important people, including his or her boss.

Can a lawyer represent you despite the existence of a conflict?

Representing you despite the existence of a conflict of interest If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint.

What are the most common reasons to decline an attorney's representation?

Failure to provide an accounting of your money or property held by the attorney Commingling your funds with the attorney's own money Refusing to return your file at the conclusion of the representation

How to contact the DA for a court date?

Expand. Click here to search for a defendant’s court date. You may also call the DA’s Office at 704-686-0700. If you plan to come to court for a proceeding for which you were not subpoenaed, the office highly recommends first confirming that court date with the DA’s Office.

Why do prosecutors dismiss charges?

There are many reasons why prosecutors may decide or be compelled to dismiss a charge. Some of those reasons include: A lack of sufficient evidence.

What is a prosecutor's directive?

A prosecutor’s directive, pursuant to the N.C. Rules of Professional Conduct for attorneys, is to seek justice, and this is often achieved by a guilty plea. Additionally, there are not enough judges or other court staff to hold a jury trial for the thousands of cases prosecuted each year in Mecklenburg County.

What is a public defender?

A public defender is a lawyer who works for the Public Defender's Office ( PD's Office). Attorneys in the PD's Office represent people charged with crimes who cannot afford to hire a private attorney. (See the Office of Indigent Defense Services’ website for more information.)

What is the definition of a lack of sufficient evidence?

New evidence, such as crime lab results or a new witness, that calls the defendant’s guilt into question. Inconsistencies in statements by victims or witnesses. A victim or witness who cannot be located or is no longer credible at the time of trial.

What is plea agreement?

Across the country, the majority of criminal cases are resolved through a plea agreement. When considering whether to offer a plea agreement, prosecutors weigh a number of factors, including the seriousness of the alleged offense, the strengths and weaknesses of the evidence, the likelihood of success at trial, the victim’s wishes, public safety, ...

Does the ADA represent a business?

The ADA does not represent any individual or business. Because he or she works in this capacity, the ADA is not your attorney, however the ADA works to seek justice in every case. The DA’s Office cannot advise you as to whether you need a lawyer.

What happens when a judge makes a decision about a legal issue?

Once the judge has made a decision about the legal issue, he will then ask the attorneys to step back and then place his ruling on the record. The jury is never made privy to what the legal issue is or the legal argument for or against.

How long does a judge's brief discussion last?

This conversation can last seconds or even a few minutes. It can resolve an important point and allow you the ability to make your point.

What is the downside of sidebar conversation?

The downside to having a sidebar conversation is that whatever the judge decides based upon the conversation with the attorneys at the bench, the details of that conversation are not recorded anywhere.

What happens if a judge makes a ruling during a sidebar?

If the judge has made a ruling during a sidebar and now permits certain testimony to come out or certain evidence to come in , the attorney who winds up being on the losing side of that particular issue now has an obligation to ask the judge to put that conversation on the record.

What happens when you observe a medical malpractice case?

If you are a litigant or an observer who comes into court and are observing a medical malpractice case, or a car accident trial or even a wrongful death trial, there will be instances during the course of testimony where one attorney will make an objection and the opposing attorney will ask the judge for sidebar.

Why won't the jury appreciate a case?

The judge will not appreciate it. The jury will certainly not appreciate because it disrupts the flow of testimony. In some instances, an attorney will use this strategy intentionally to disrupt his adversary's flow. What's important to understand is that the jury plays no part in evaluating or deciding legal issues in the case.

Who determines who is telling the truth?

The jury determines who is telling the truth. The jury is the one to determine what the real facts are. When it comes to making rulings of law and deciding whether certain testimony is admissible or whether evidence is admissible, the judge is the sole arbiter of those decisions.

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.

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.)

What happens if someone is arrested while on probation?

In sum, if someone is arrested for a new criminal act while on probation, especially for a crime of violence, the district attorney should charge that person with a new criminal charge (assuming, of course, there is sufficient evidence), as well as handling the case as a violation of probation.

How long does a case have to sit before a decision is made?

In general, if you think about it, there usually is no good reason for any case to sit in the district attorney's office more than a couple days before the attorney makes some kind of a decision on the case. The attorney should read the case as soon as possible after it comes into the office.

Should an attorney read a case?

The attorney should read the case as soon as possible after it comes into the office. And once having read the case, there's little reason not to make an immediate decision; whether to file the case, reject it, or send the case back for more investigation.

Can a case sit dormant in the district attorney's office?

Don't allow a case to sit dormant in the district attorney's office without a decision. No matter which timeframe the attorney is working under, there really isn't much cause for an attorney not to quickly read the case as soon as it comes into the office, and then to make a decision immediately following the reading.

Is domestic violence a felony?

The case is charged as one count misdemeanor domestic violence. It should be charged as one count felony brandishing a weapon, one count misdemeanor domestic violence, and a felony threat to kill. Many times it is just that easy to see that the case is undercharged. Other times it takes more knowledge and experience.

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 ...

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.

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.

Do not write to the district attorney?

Do not write the district attorney if you are the defendant in a criminal case. Anything you write to the district attorney may be admissible as evidence in your case. Accordingly, your lawyer should handle all communication with the prosecution.

Can you request a trial record from a district attorney?

Know that all states have freedom of information laws that allow you to request public records, including trial records held by district attorneys. In some states, you will need to write to a special agency to obtain these records, but in most states, you can write to your local district attorney.

Do you need to appear in person to get a continuance?

If you are a defendant – in traffic court, for instance – and wish for more time to prepare your defense, you can sometimes write the district attorney for a continuance, though in some jurisdictions, you will need to appear in person to do so. State the reason you need a continuance – i.e. to prepare your defense – in your letter.

What to do if you are unsure about an attorney?

If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...