Prison, Jail Held in Detention Center over 14 mo. NO trial date!!

[army judge]

While I certainly don't disagree with you at all, I have also served on several jury's and I appreciated it when the defendant spoke to us in his own words. Even when the prosecutor cross examined the defendant, the defendants own words still carried more weight on my decision to vote in his favor, than what the prosecutor had to say. This was only my experience and doesn't mean my friend should not take his attorney's advice. I think the problem in this case is, that my friend doesn't have any confidence in his attorney's ability to defend him in court. He has tried to replace him twice but his requests were denied... My friend is so convinced the system is corrupt, that he believes his only chance is to speak up for himself, and let the jury decide his fate. I tried to email him a copy of your advice but the system would not let him open the attachment. So there you have it... and again, I thank you so much for your professional advice concerning this situation.
I think all I can do at this point is "let go and let God"!!! Amen?? Barb

I'm a Texas district court judge, retired, still serving as a senior judge.
I've been a military judge, currently retired.

A defendant is allowed to fire a public defender a couple of times because the defendant lacks confidence in the attorney.
If the defendant can make a case for firing an attorney, he can fire the attorney for cause.

A defendant can fire several attorneys he has hired, without issue.
Again, if the defendant can make a case for firing an attorney, he'll be allowed to do so.

There are many things in criminal trials the jury never gets to see or hear.

You only hear what your friend tells you.

The vast majority of criminal defendants serve themselves poorly by testifying.

No one can prove a negative.

Our founders wisely created a justice system which forces the state to prove a defendant's guilt, not one where the defendant must prove her or his innocence.

 

[Bully]

I'm a Texas district court judge, retired, still serving as a senior judge.
I've been a military judge, currently retired.

A defendant is allowed to fire a public defender a couple of times because the defendant lacks confidence in the attorney.
If the defendant can make a case for firing an attorney, he can fire the attorney for cause.

A defendant can fire several attorneys he has hired, without issue.
Again, if the defendant can make a case for firing an attorney, he'll be allowed to do so.

There are many things in criminal trials the jury never gets to see or hear.

You only hear what your friend tells you.

The vast majority of criminal defendants serve themselves poorly by testifying.

No one can prove a negative.

Our founders wisely created a justice system which forces the state to prove a defendant's guilt, not one where the defendant must prove her or his innocence.

OMG... I met with my friends attorney in person and he told me, "he was afraid he didn't have enough criminal experience to defend my friend properly in court, and was afraid if he lost, my friend would file an appeal, and it could hurt his professional reputation in the future". I know this attorney personally, because I was once his client in a civil case, before he became the Public Defender. He is a very nice young man, who"s heart is in the right place, but by his own admission, doesn't have the confidence necessary to best defend my friends case. This is why my friend wanted to change attorneys, but was still denied his request twice. This is also, the reason my friend doesn't trust the justices system in Fallon Nevada!!! Can you blame him??

 

[Bully]

Unless you were there you cannot make this statement. You have no idea what really happened.

By the way, you never answered the question about whether that story that army judge found was about your friend.

I was there when my friend was offered the plea bargain by his attorney, and he absolutely refused, because even though it was a lesser charge, it had nothing to do with him. He said he would rather take his chances in court, than admit to something he didn't do. And yes, the "story" the army judge found in the news paper was about my friend, but not an accurate report of what actually happened. That's why my friend is so determined to tell his side of the situation in court! He believes, that if a jury hears the truth about what happened to him, in his own words, they will find him not guilty. All he wants is a chance to defend himself,even if it costs him his freedom, at least he will have had his day in court, his way! These are his words not mine, so as his friend of 25 years, I believe him, and will do what ever I can to support his decisions.
Thank you for your interest concerning my friends situation. Barb

 

[army judge]

I was there when my friend was offered the plea bargain by his attorney, and he absolutely refused, because even though it was a lesser charge, it had nothing to do with him. He said he would rather take his chances in court, than admit to something he didn't do. And yes, the "story" the army judge found in the news paper was about my friend, but not an accurate report of what actually happened. That's why my friend is so determined to tell his side of the situation in court! He believes, that if a jury hears the truth about what happened to him, in his own words, they will find him not guilty. All he wants is a chance to defend himself,even if it costs him his freedom, at least he will have had his day in court, his way! These are his words not mine, so as his friend of 25 years, I believe him, and will do what ever I can to support his decisions.
Thank you for your interest concerning my friends situation. Barb

I've also served as a criminal defense attorney.

I know dozens of criminal defense attorneys.

I've never known any such attorney to allow a friend to sit in on any client interview.

That would violate the canon of ethics, and also allow any such voyeur to subject to subpoena and direct examination because such a person could be called to testify about the interview, because that person's presence isn't protected or privileged.

If your recitation of events is true, your friend might have another reason to terminate the services of his current attorney for several reasons.

 

[Bully]

I've also served as a criminal defense attorney.

I know dozens of criminal defense attorneys.

I've never known any such attorney to allow a friend to sit in on any client interview.

That would violate the canon of ethics, and also allow any such voyeur to subject to subpoena and direct examination because such a person could be called to testify about the interview, because that person's presence isn't protected or privileged.

If your recitation of events is true, your friend might have another reason to terminate the services of his current attorney for several reasons.

Believe me, I have no reason to make this stuff up... I went to the jail with my friends attorney, the Public Defender, who wanted me to try to talk my friend into taking a plea bargain, instead of taking his case to court. My friend refused, stood up and left the room in anger. Outside the jail, I then had a private conversation with his attorney, who told me he didn't feel very confident about defending my friend in court, because of the charges against him, and his own lack of experience. My friend absolutely believes he caught up in a corrupt legal system, and will not get a fair trial if uses the Public Defender...
What other reasons do you suggest my friend could use, to get another attorney, as he has already requested twice, from the court. Thank you in advance for your response... Barb

 

[army judge]

Believe me, I have no reason to make this stuff up... I went to the jail with my friends attorney, the Public Defender, who wanted me to try to talk my friend into taking a plea bargain, instead of taking his case to court. My friend refused, stood up and left the room in anger. Outside the jail, I then had a private conversation with his attorney, who told me he didn't feel very confident about defending my friend in court, because of the charges against him, and his own lack of experience. My friend absolutely believes he caught up in a corrupt legal system, and will not get a fair trial if uses the Public Defender...
What other reasons do you suggest my friend could use, to get another attorney, as he has already requested twice, from the court. Thank you in advance for your response... Barb

You gave a few very good reasons.
He asked you to get your friend to plead guilty.
He told you he lacked the experience to defend your friend.
He allowed you, a non-attorney to sit in on the attorney-client confidential interview, potentially allowing you to be called as witness against your friend.
I couldn't think of three better reasons.

 

[Bully]

You gave a few very good reasons.
He asked you to get your friend to plead guilty.
He told you he lacked the experience to defend your friend.
He allowed you, a non-attorney to sit in on the attorney-client confidential interview, potentially allowing you to be called as witness against your friend.
I couldn't think of three better reasons.

I totally agree with you... so how does my friend get the judge to agree to let him have another attorney, after he has already been denied this request twice? He started asking to change his attorney, in March of last year, right after I saw him in jail. His reasons were the same as some you listed above.
Now his trial date is only 4 weeks away, and he is stuck with this Public Defender, whom he absolutely believes is not competent enough to defend him in court.
Again I ask, how can a person sitting in jail, exert his right to replace his attorney, if the court refuses to let him do so?? What possible reasons could there be for his requests to be denied, and then not give him any explanation for why???
No wonder my friend thinks the Fallon justices system is corrupt!!!
It is very helpful to know, that my friends complaints about being denied his right to change attorney's, is not legal and may be the very reason he can appeal his case if he looses.

 

[army judge]

It is very helpful to know, that my friends complaints about being denied his right to change attorney's, is not legal and may be the very reason he can appeal his case if he looses.

No one should ever place his or her fate in the hands of the criminal justice system.

I have always advised against using self help remedies.

You appear to be the key to opening the cell door for your friend.

I can't advise you about legal matter, as I am not your attorney.

If you READ between the lines, you already have been told how to proceed.

You might approach an attorney in your county, or a larger county, and seek a consultation for free.

Most attorneys offer the initial consultation for free.

The ACLU will always listen, and if constitutional issues arise, The ACLU will often take the matter up pro bono.

Here is their NV website:

ACLU of Nevada

 

[Bully]

No one should ever place his or her fate in the hands of the criminal justice system.

I have always advised against using self help remedies.

You appear to be the key to opening the cell door for your friend.

I can't advise you about legal matter, as I am not your attorney.

If you READ between the lines, you already have been told how to proceed.

You might approach an attorney in your county, or a larger county, and seek a consultation for free.

Most attorneys offer the initial consultation for free.

The ACLU will always listen, and if constitutional issues arise, The ACLU will often take the matter up pro bono.

Here is their NV website:

ACLU of Nevada

Great... I will do just that, and then some!! Wish I had found your "suggestions" months ago... Hope it's not to late, but I won't give up until I've left no stone unturned!!!
Thanx again for your encouragement, it has made all the difference to me... Barb

 

[cbg]

Barb, the first, best thing you need to do is put your friend in touch with an attorney and then GET OUT OF THE SITUATION. If you mean it that you were present when your friend talked with his attorney, that means the conversation was not privileged and you can be called to testify against your friend. You do NOT want to be as deeply involved in this as you are describing; it can put you in a very bad situation and your friend a worse one.

 

[Bully]

Barb, the first, best thing you need to do is put your friend in touch with an attorney and then GET OUT OF THE SITUATION. If you mean it that you were present when your friend talked with his attorney, that means the conversation was not privileged and you can be called to testify against your friend. You do NOT want to be as deeply involved in this as you are describing; it can put you in a very bad situation and your friend a worse one.

Thank you for your concerned input, but I will say, I am confused because the conversation I witnessed, was my friend describing to his attorney, how he was viciously attacked by 2 men in a bar and how he had to fight for his life, or die. And also, when he refused to plead guilty to a lesser charge he didn't do, as part of a plea bargain. That is all I could testify to between my friend and his attorney, and I don't think the DA would be interested, in the same story my friend will already be telling the court, do you?? Just a thought...

 

[cbg]

You're assuming that the DA is going to accept things at face value? No, that's not going to happen. He's going to be looking for every little discrepancy between what your friend says and what you say he said and poking every hole he can in both your stories. If he's really skilled at this, he can use you to do a great deal of damage to your friend's case. You've either watched too much Law and Order, or not enough, if you think a good DA can't make mincemeat of you.

 

[Notavictim]

I know who this is and I remember very well, you helping protect him from accountability for being a child abuser. I have to say that I'm saddened that you're still caught up in his web after all this time. I've never known anyone to be more of a liar and master manipulated than Carl. Also violent. From what I understand he cut this man's throat because he didn't have his way! You should get away from him. I have not been involved in this case and I won't be, but I do just hope he's no longer allowed to run around assaulting, threatening and raping people. Enough is enough.

I am not sure how to make a complaint about this situation but here goes... My friend was arrested in November of 2016 after being in a bar fight. He has been sitting in the Churchill County Detention center for over 14 months. He wants to take his case to court but the Public Defender wants him to take a plea bargain for something he didn't do. So far they have refused to give him a trial date, so he can defend himself in court with a jury, for the charges brought against him. He was attacked by 2 men in a bar who held him down on the floor in a choke hold so he couldn't breath, and he defended himself with a pocket knife. No one was killed but one guy went to the hospital with some stab wounds... My friend was fighting for his life, yet he is the only one in jail, because he is still alive?? He is also over 60 years old, disabled with heart disease and no match for these 2 men, who were never charged with anything, even though they assaulted him first, in a 2 against 1 bar fight. He can't afford a private attorney to defend him, and the Public Defender won't do what he wants by getting him a court date, so there he sits, in jail, with on way out!!! What do you suggest he could do to help himself in this situation??? Please respond so I can pass on your advice to him, or give you his info so you could contact him directly. I am very, very concerned about his health and well being, as he is not getting the proper medical care for his heart condition, in this small town jail. Thank you very much in advance for your response, Bully

 

[army judge]

Thread closed, don't respond to 10 month old DEAD threads, thank you.