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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Fleeing and Eluding and Other Charges

    My question involves a traffic ticket from the state of: Georgia

    I have an ongoing traffic case that has been greatly mismanaged by my attorney. I chose this attorney because he had valid points concerning my case, and he was willing to fight the charges, as opposed to the other attorneys who wanted to settle on the first court date.

    The problem arose on my first court date when my attorney didn't even bother to speak with me - although he saw his other clients, and left. I was 10 mins early for the court date. I asked the court what they could do, and they said he could either return to speak to the prosecutor, or file for another court date. He chose to file for another court date.

    My problem is that after I hired him, he was supposed to obtain the arresting police officers' record, file motions on my case, which he said he would do, and file a discovery for evidence on my case. He never did any of this. He was also supposed to subpeona jail records because I was held under video supervision because of health reasons - he never did that. After I learnt of all these issues, I tried to retrieve the jail records, and other records. I was told that only an attorney could subpeona it through the open records act, and that since it was more that 90 days since I had been in the jail, the records had been destroyed.

    The worst thing about this situation is the attorney was supposed to be the only attorney in my case. He told me this when I signed with him, and even the contract explicitly states that his other employees might assist me with my case from time to time, but he is the lead attorney in my case. But I have been to more than 6 court dates, and the attorney that has represented me at all times was a new associate who was hired this year, and my case is his first case. This case has dragged on for more that a year now, and I feel I have been misrepresented. Is there anything I can do or should I get a new attorney?

  2. #2
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Fleeing and Eluding and Other Charges

    Contact your attorney and discuss your concerns with him along with the general strategy he's using for your case. At a glance, this looks like your attorney is working the usual "delay, delay, delay" tactic rather than ineffective assistance, but there are too many unknowns in your case for us to tell with any certainty

  3. #3

    Default Re: Fleeing and Eluding and Other Charges

    Just out of curiousity, what do issues that occurred at the jail after arrest have to do with the traffic issues that precipitated the arrest? Two separate issues, unless specifically related to a breathalizer given at the facility and potential admissibility issues.

  4. #4
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Fleeing and Eluding and Other Charges

    I can't really go into detail since the case is ongoing, but the initial charge was a 2 point traffic infraction. I was supposed to pull over immediately, but didn't, and drove for about half a mile before pulling over. The extenuating circumstance in the case was that it occured during a manic episode (mental illness), so I had to be put under supervision at the detention center when I got there to ensure I wasn't suicidal. I wasn't. The prosecutor is insisting that I maliciously chose to elude a police officer, while the jail video shows that I was mentally there.

    My issue with my attorney is that they didn't do any discovery in my case. Now, when we go to court, the prosecutor drops another evidence, then they are scrabbling to appease them. If they had obtained all the evidence, I would know what I'm dealing with. In particular, I asked for the police video cam of the evidence to see what was on it. My attorney said there was none. Eight months into my case, the prosecutor shows it to my attorney and is extremely upset. I still haven't seen it - my attorney doesn't have a copy of it, and won't request a copy from the prosecutor. Now, all I seem to face is anxiety whenever I go to court, because my attorney is totally unprepared with my case. For instance, the fact that they have a police report on my case was because I personally took one to them.

    Recently, I asked them to show me what they had done on the case in over a year - they haven't done anything, apart from my attorney showing up in court to represent me. Also, he is always over an hour late - I am always the last defendant at the court, and the prosecutor always has to wait for him to show up.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fleeing and Eluding and Other Charges

    Your manic episode, unless was so strong as to block your sense of reality and propriety won't mean squat to your charges. If it was, then you'd probably at this point not be driving (and perhaps not even out in public).

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