Conflicts With Attorney After Missing Court, Not Fulfilling Pretrial Diversion

[Another Demise]

My question involves criminal law for the state of: Tenn

I think this would go in the procedural section, not sure.


I have a domestic assault charge. When I first came into court i plead not guilty. Everyone else in the court took plea deals, probation, etc. I wasn't going for any of that or the life long surrender of my gun rights. The D.A. offered me a deal of probation for a year, I declined, they offered me another slap on the wrist, a diversion, and a fine, I declined.. Each offer I demanded a jury trial and kept my not guilty plea. Finally we came to a deal, no more squabbles with the plaintiff, no getting in trouble for a year, pay off probation fees for pre trial release, and get a mental evaluation. The first trial, plaintiff tried to drop charges, the second date she barely showed up in time, the third time she wanted nothing to do with it, the fourth time i said bring on the preliminary hearing, the prosecuter relented.. my lawyer however caused a reset because we were towards the end of the docket after the prelim and claimed he had to pick his boy up from school. respectable but not my problem however.. that reset caused me to have to go to pre trial probation for an extra month and stacked up my fines.. The above non sense is my first gripe..

We come back again the D.A. has lost her drive i guess to run me through the ringers so thats when we get that dismissal deal and a promise from my lawyer to have it taken off my record. the deal is to pay pre trial release, talk to the shrink, meet back in 6 months to show i did, meet back in 6 months againto show i was good, make sure i did not live with plaintiff and all was erased.. well i missed the court because live was so unstable after getting banned from my own home and i was having issues finding the proper facilities that handled court ordered mental evaluations so i failed to meet their demands.. this last day of court also the judge surprises me and says he switching m,y lawyers and is free to do so because my defense isnt an actual attorney but the firm itself, ie the public defenders office. that was a surprise and i butted heads with my new lawyer withen seconds, very difficult to communicate with her.. second gripe..

About 2 months after i miss the court date i turn myself in on my contempt, bail myself out, and without any hearing what so ever she is appointed my lawyer for my contempt of court. Didn't know they could do that. We are again fighting. third gripe..

A week after i bail out we are in court again, she tells me i need to get the evaluation or proof that i done it. They dont want to release my own records at the facility so i have to have it faxed to her and allow her access. She raises hell over that. She gets the info sent to her before court lets out but resets me for another week.. We argue over that. I come back a week later which was yesterday morning and she pulls me aside and says there is a problem. I did not comply with court orders to follow the RECOMENDATIONS of the mental health facility. The idea of me talking to her again in follow up visits was floated around and she asked me if there was anything else i wanted to discuss but i told her i was fine and she said okay. She did not demand i return and talk to her again nor did i put my foot down on any of her suggestions. My lawyer says i declined to do follow up sessions however. I speed down to the mental health facility, they tell me they never told my lawyer i declined anything and that their documents never showed she even said i needed to come back nor did she request it. Based on this b.s. she resets me til april 26!! fourth gripe.

This whole thing has taken over a year to conclude. its interfering with my life. I want to know if I can fire my attorney at this point and represent myself, if that violates the terms of dismissal to fire her, if i can approach the judge at another date and get put on the docket, if i can complain to a higher court about abuse (in our court resets are used as a tool against people), what is my recourse against the public defenders office for misinterperitting the dismissal agreements and the statements from the health center, and my recourse for them switching my attorney since you build a repor with the person defending you and a personel switch can throw the flow off? Is there anything I can do to recoop my pre trial release fees? What are the pentalties for them involuntarily making her my lawyer for the contempt of court charge? For someone who plead not guilty i feel like ive gone through alot of trouble...

I would also like to state that my family is in the process of suing the sheriff's office/jail/court for denying my grandfather medical treatment and allowing him to die in the showers last month. I am also wanting tro sue the sheriff's office for refusing to view a stolen vehicle issue i had as a criminal issue. Their magistrate tried to force me to take it to civil court which costs money. tHEIR d.a. REFUSED TO SEE IT AS MORE THEN CIVIL however my cousin who is a former prosecuter in Nashville absolutely said it was a criminal court issue. The court, these departments, and the jail have tried to victimize me in a chain of incidents, this is no different. I am being punished because of my last name and for being the only male in domestic court to refuse a plea bargain..

[PTPD22]

I want to know if I can fire my attorney at this point and represent myself,

As long as you are not deemed legally mentally incompetent, yes, you can usually represent yourself. However, based on your post, in my opinion, you would be a posterboy for the old adage that "a person who represents himself has a fool for a client."

if that violates the terms of dismissal to fire her

I have no idea what you mean by "terms of dismissal."

if i can approach the judge at another date and get put on the docket

If you are representing yourself, you can certainly approach the judge and make requests.

if i can complain to a higher court about abuse (in our court resets are used as a tool against people)

Certainly you can file for appeal. However, it is up to the appellate court whether to consider your case or not. Good luck with that.

what is my recourse against the public defenders office for misinterperitting the dismissal agreements and the statements from the health center

Unless you can show unethical conduct (which, IMO, you have not), you have no "recourse against" the attorney or the office. If you can successfully show ineffective council, that could be grounds for appeal. But, it would still not be grounds for sanctions against the public defender's office.

and my recourse for them switching my attorney since you build a repor with the person defending you and a personel switch can throw the flow off?

Again, you have no recourse. You were provided with competent council at no expense to you. The fact that you didn't like the person is not a valid argument. If you felt that strongly about it, you were free to do whatever it took to raise the money for private council that was more willing to "build rapport" with you.

Is there anything I can do to recoop my pre trial release fees?

Yes, you can get convicted and successfully appeal the conviction. Then you can file a civil suit against the court. Again, good luck with that. Other than that, no, there is nothing you can do.

What are the pentalties for them involuntarily making her my lawyer for the contempt of court charge?

Absolutely nothing. Again, you were provided with competent council at no expense to you. You do not get to pick and choose with a public defender. So, there is no penalty for getting stuck with one you don't happen to like.

[Another Demise]

As long as you are not deemed legally mentally incompetent, yes, you can usually represent yourself. However, based on your post,

based on my post my foot. damn right i'm so heated i'm a bit incoherent.. You get run through the ringers on trumped up charges and we will see how you behave, how about that one buddy?

in my opinion, you would be a posterboy for the old adage that "a person who represents himself has a fool for a client."

Don't get witty with me dogg, i'm not in the mood..

I have no idea what you mean by "terms of dismissal."

i say terms of dismissal because i really do not want to say plea agreement. That makes implications about me and could lead to a perception that i was a guilty man who got lucky i caught the judge on a good day or was shown unusual mercy.. It is by no means like that. They wanted me to do some token jail time, then probation, then less probation, then counseling, etc etc. Each time i told my lawyer "tell them to go @$#& themselves and lets take it to grand jury!" Now obviously he worded it differently to the D.A. but she knew i would had fought the state and its charges tooth and nails and i wasn't bowing down. We have about half a dozen variations of a guilty plea i told them no to. Everything gets DISMISSED if i pay off pre trial release and get the mental evaluation. The evaluation has no bearing on disciplinary action at all it just means if the health center wants me to talk to them some more go ahead and do it.. The state backed down when i asked for a jury and tried to skip the prelim.. don't tell me that doesn't mean something. And its not like the plaintiff had a choice if they absolutely demanded her co operation..

Certainly you can file for appeal. However, it is up to the appellate court whether to consider your case or not. Good luck with that.

I don't know how I would appeal a ruling that hasn't occurred. see they are putting me in some type of technical limbo where we basically have court dates over nothing.. I said if you want me taken down go ahead and began the process.. There have been about 8 court dates, the third one could had been used for me to turn down the prelim, the fourth one could had been used to gather the grand jury, the fifth one could had been used to have an actual trial to determine my fate.. I don't know how they can consider something the lower court wont allow to happen..

Unless you can show unethical conduct (which, IMO, you have not), you have no "recourse against" the attorney or the office. If you can successfully show ineffective council, that could be grounds for appeal. But, it would still not be grounds for sanctions against the public defender's office.

Look what I am getting at here is the PDO and the D.A. are in cahoots and everyone's angry I wasn't pleading out like some punk.. We have already argued over the resets and I told her no more! Every time the inmates hop into court he threatens them with resets if someone from the outside talks or even nods at them. reset this, reset that, thats all i hear when he is threatening people. The bottom line is she reset me based on what she said the health center documents told her. The clerk and the docs themselves contradict her completely. I am waiting to hear from the horse's mouth, ie the therapist herself that she gave no request or recommendation to see her again but i know she didn't and her notes say she didn't, i say she didn't, the clerk says she didn't.. come on now..

Again, you have no recourse. You were provided with competent council at no expense to you. The fact that you didn't like the person is not a valid argument. If you felt that strongly about it, you were free to do whatever it took to raise the money for private council that was more willing to "build rapport" with you.

Ohhh, I see.. Because they paid for it, because it was free I should just thank my lucky stars I was granted "the privilege" of council? You don't switch attorneys every damn second, that creates chaos. And when they gave me the new attorney she had no clue what was going on and then after another court date still had no clue. She tried to tell me i had something to fear after me and the 1st lawyer quelled the D.A.'s initial offense.. which was a cotton pickin' joke of an attack.. I am not going to raise money for trumped up charges. I am not going to raise money because my police department is sexist and pc. I am not going to pay my county's version of Ben freakin Matlock 3 grand to tell an overzealous feminazi D.A. to shove it, 4 times in a row! I need to pay top dollar so this guy in a suit can say "no dice?!" Really man? Really?

Yes, you can get convicted and successfully appeal the conviction. Then you can file a civil suit against the court. Again, good luck with that. Other than that, no, there is nothing you can do.

Why in the name of God would i want to be convicted just so i can win an appeal just so an earlier verdict can be invalidated just so i can start off at square one?! Whats the difference between that, being found not guilty, and daring them to find me guilty and then them backing down?! What in the hell is the difference between those three scenarios?

Absolutely nothing. Again, you were provided with competent council at no expense to you. You do not get to pick and choose with a public defender. So, there is no penalty for getting stuck with one you don't happen to like.

You no damn well its improper to change an attorney every minute and to do it DURING court itself. Its no different if some cop is trying to conduct a traffic stop and then another cop takes his place 2 minutes after the stop and then another one 3 minutes later and then a completely different cop is handling the whole situation 10 minutes later. That is going to create communication issues, confusion, and run contrary to the continuity needed to sort out a chain of events..

Because I am poor I guess the big bad cop thinks I should be subject to shenanigans. What does someone do when a court or POLICE file charges they have NO INTENTION of perusing? There is a word they used i heard on the news once that defined the practice of police charging people with charges they knew would not stick. It was a method to get them temporarily into the system and to generate court costs and to at least try to hold them until a judge just threw it out.. There is no word to describe a court doing this same stunt however.. A shame.

[Michael44]

Another Demise,

PTPD22 is pretty much telling you what the law is.

Why are you arguing with him? Most of us feel that the law is wrong in certain areas. Get political or get on your legislature or whatever, but quit being so stupid as to attack the messenger. That is childish. You are acting as if he is Dad setting the rules. He isn't; he is a human being telling you what the rules ARE.

And in certain areas, you have to simply grow up and accept reality. The law isn't even necessarily wrong with some of your stuff - I think YOU are wrong.

If you are smart, you are going to get some empathy for other people, some patience, and some more knowledge about how the legal system works - what works and what doesn't work. If you are stupid, you are going to continue to do exactly what you are doing. With the same result.

[free9man]

For the folks who are new here and haven't slogged through it, OP's post hx is very colorful.

[PTPD22]

Personally, I think you should reconsider those "follow up visits" at the mental health facility. They obviously recommended them for a reason...and, I doubt it was because they just can't get enough of your smiling face. They recommended them because the therapist felt there were issues that should be dealt with. I myself am not a mental health professional. But, I suspect that those issues might have something to do with anger management.

[Another Demise]

a good messenger doesn't crack wise "Michael44" but if you think i am wrong on certain points why not list them? why didn't you list them in your previous post? I think some of these stupid women playing games on the phone with 911 dispatchers and calling people crazy and psycho all the time need to grow up. I think if a woman lies to a court or no shows she needs to be charged, fined, reprimanded. I don't need to be up here every doggone day.

There you go being funny again PTPD, I told you there were no recommendations, and they said they did not recommend that. I am angry when i need to be and cool when I need to be. I am a man, you better belief after gettin picked at by people or the justice system i am gonna riled up, irate, steaming, violent, the whole nine yards. I aint gonna apologize for being like that to anybody..

free9 it aint all that colorful.. just a life in the day of a defendant lol

[PTPD22]

Actually, I wasn't attempting to crack wise with either of my posts. I meant them quite seriously. I apologize if I did not communicate that very well.

And, yes, you did say that the mental health center recommended follow up visits. Specifically, you said,

I did not comply with court orders to follow the RECOMENDATIONS of the mental health facility.

You went on to say that the therapist did not DEMAND follow up visits. In other words, she did not make them mandatory as part of your diversion. But, recommended and mandatory are two different things.

I am not trying to belittle you, aggravate you, insult you, or start an argument with you. You came here asking for advice and I gave you the best advice that I know how. I gave my opinion as clearly and understandably as I could...but, it is just that; my opinion. Again, I apologize if you took my words as condescending or insulting. But, your heated responses only reinforce my opinion that you may have some anger management issues that need to be dealt with.

I do not think you should attempt to fire your attorney and represent yourself. I believe that your difficulty in controlling your anger will only exacerbate your current problems and probably land you in jail.

[Another Demise]

only dealing with a hand full of people who mess too much or pick too much, not in general. I wrote that wrong then. I meant to say "She said they said blah blah" When I went down to confirm they had told my attorney that their therapist had either recommended or required a follow up visit. They said they had said ANYTHING of the such. Neither or was ever raised. That is why I said I thought she was in cahoots with the court, because even the health center said she didn't tell her that and the justice center (court) and the D.A. were so adamant i do it and my new attorney was so uninformed and had no idea or did not want to except the ground me and her predecessor had gained in court before her. some people say public defenders suck, i have seen some badass ones and have had them before so its not an issue of hating on court appointed lawyers either. they do not want to listen to any males in that court and police dont either. Now I know your a cop, but when some guy in a uniform wearing a belt full of weapons is cutting you off and not hearing a word you said your going to react. If its some out of shape old cop and some other guy with barbie blonde hair thats like 5'7 getting in your face and not looking at your marks at all, im going to get angrier and the situation is going to get worse. I am going to go into survival mode or from your standpoint outlaw mode and the situation is going to just deteriorate further. See it from everyone's perspective.

[jk]

I agree with ptpd. Anger management would be a good idea for you.

the court gets their own report from the mental health center. They do not accept what your attorney tells them without proof of the statement which would be the report from the mental health center. I suggest you read it.

all the rest about suing the courts or whomever: not a chance from what you have written.

to you representing yourself: based on your posts, you should plan on a worst case scenario of being convicted and given the most aggressive penalty possible. You appear to be able to anger anybody. That usually doesn't bode well for a defendant appearing for sentencing.

I have no doubt you would be found guilty should you represent yourself.