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..