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  1. #1

    Default What to Do if Public Defender Fails to Collect Video Evidence and Question Witness

    My question involves criminal law for the state of: Oregon

    i was chased by the sherriffs through a feild at night while riding my bicycle. they didnt have lights on so i didnt know they were cops and its a known gang spot and dangerous so i didnt stop they hit me on my bike with their suv. the trailer park next to the feild has cameras pointing at the feild also there was a resident of the paek on his porch smoking and witnessed that they didnt have lights on and hit me on my bike. my public defender never obtained the video from the park or question my witness. now the video is gone it has been 2 years my public defender never returns my call and i want the case dropped cuz of this is that possible

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: What to Do if Public Defender Fails to Collect Video Evidence and Question Witnes

    What are the charges you face? That matters because depending on what the charges are it might not matter whether the cops had their lights flashing. Also, do the cops say their lights were flashing while chasing you? If the cops don't dispute that their lights weren't on then the video and witness testimony doesn't matter. If there is a dispute over the lights, that likely won't get the charges dismissed but may be useful in you defense, again depending on what the charges are.

  3. #3
    Join Date
    Jul 2018
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    2,745

    Default Re: What to Do if Public Defender Fails to Collect Video Evidence and Question Witnes

    In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.


    Quote Quoting javajunkie1977
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    the trailer park next to the feild has cameras pointing at the feild
    Do you have any reason to believe that those cameras recorded the incident in question?


    Quote Quoting javajunkie1977
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    there was a resident of the paek on his porch smoking and witnessed that they didnt have lights on and hit me on my bike.
    How do you know what this person did or didn't see? You told us that your PD didn't talk to this person. Did you?


    Quote Quoting javajunkie1977
    View Post
    my public defender never obtained the video from the park or question my witness. now the video is gone it has been 2 years my public defender never returns my call and i want the case dropped cuz of this is that possible
    Two years and you still haven't gone to trial? What crime(s) have you been charged with? Did you waive your right to a speedy trial? In any event, no, you're not going to get "the case dropped cuz of this."

  4. #4
    Join Date
    Feb 2020
    Posts
    750

    Default Re: What to Do if Public Defender Fails to Collect Video Evidence and Question Witnes

    Quote Quoting pg1067
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    What crime(s) have you been charged with?

    ...you're not going to get "the case dropped cuz of this."
    You don't know what the charges are but you do know that those unknown charges will not get dropped?

    OMG! And you call yourself a lawyer?

  5. #5
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: What to Do if Public Defender Fails to Collect Video Evidence and Question Witnes

    Quote Quoting Harold99
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    You don't know what the charges are but you do know that those unknown charges will not get dropped?

    OMG! And you call yourself a lawyer?
    The OP specifically asked if charges could be dropped because of his attorney's perceived inaction. The answer to that question is no and it doesn't matter what the charges are, the answer would be the same. The OP's remedy is to file a complaint with that attorney's boss, complain to the court and request new counsel be appointed.

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