When someone wishes to represent oneself in place of a public defender or a private attorney (a Faretta request), judges must be sensitive to many issues, especially when one is facing multiple years or even decades in prison. It is a complicated ruling that often involves analysis of not only if one can represent oneself, but also whether the defendant is competent to stand trial. When one is granted the right to represent oneself, but there are doubts to whether the person is competent to stand trial (especially if insanity is a defense), the defendant enters a purgatory-like gray area. To read about this situation in the context of a read case, click on the following link.
Do you think a warrant was improperly signed? Do you think it was based on lies or some type of fraud? If so, you may have grounds to quash the warrant and then suppress (exclude) the evidence found as “fruit of a poisonous tree” because it was gained as a result of an unlawful or illegal search, in violation of the Fourth Amendment. To read more about this motion, which involves a judge evaluating (“traverse the warrants” ) the affidavit submitted to a judge in request of the warrant, click on the following link –
Has your attorney or a friend talked about a motion to suppress evidence? What is the basis for such a motion? What happens if the motion is granted? Is it best to have an attorney to prepare, file and argue this type of motion or can a layman do it? To read more about such a motion, click on the following link.
Do you need to get the lowest fee possible on a bail bond? What helps to get this? The following article list those things that a bail bondsman requires or may need to know, so it is good to have this information all ready before calling or visiting with a bail bondsman. Providing it all in one call or meeting shows respect and makes the bail bondsman’s job easier and may show you are not the type of person who would flee, which can result in a lower fee. Click on the following article to read what is needed.
Can one be charged with “escape” if one is already outside a jail or prison, but on GPS monitoring, i.e. on house arrest? If so, what is the punishment? Is it a felony? A misdemeanor? What are the defenses? To read more about Penal Code § 4532(b)(1), click on the following link.
It is often perceived that one courthouse is uniformly tough on certain types of cases, i.e. all Orange County courthouses on DUI, or biases against people of a certain race or ethnicity. Can one move the case to a friendlier courthouse? If so, what must one show to the judge to get such a transfer? Click on the following link to find out.
Do you feel like you were pulled over for no reason? Do you believe the cops were targeting you or your car and were just itching to pull you over? Was the reason they told you for the stop unbelievable? A Harvey / Madden motion may be a way to get the police audio tape that has the police discussing a stop of you before there was even a possible Vehicle Code violation, i.e. you were waiting at a red light. What is such a motion? Click on the following link to read about it.