Attorney refuses to file a motion for dismissal, pretrial and modification of pretrial restrictions.

[aubrey80]

Jurisdiction

US Federal Law

I have a federal criminal complaint against me for threatening federal official. I have been fighting with the Government about veterans benefits. My contention with my lawyer is that she brought up none of the violations of that I asked her to bring up prior. Taking my words out of context, citing events with no supporting evidence, using photos to show me as an aggressor than not providing the video in pretrial discovery 90 days later, and stating that a threat was made when talking to myself leaving a facility and being followed by over 8 law enforcement officers. And that by me repeating what I said when asked by law enforcement what I said when talking to myself constitutes as a threat is ridiculous and violation of my 1st Amendment using civil rights, with me citing multiple Supreme Court decisions to support my argument. All I was told by my lawyer is that I have to wait till inditement to bring these things up. Im like if I can prove the criminal complaint bogus now why do I have to wait till Im indited to fight it or even get my restrictions addressed. Its literally what 18 U.S.C. § 3142(f)(2) states that a hearing may be reopened before or after a court's ruling on a detention motion at any time before trial if the judicial officer finds that new information exists that is material to the issue and Title 18, United States Code, Section 3141(a) gives "judicial officers" authority to make determinations regarding bail in all stages of a criminal case, up to and including the trial stage.

 

[Zigner]

You are represented. Speak to your attorney. If you are unhappy with your representation, you are free to seek out a different attorney.

 

[adjusterjack]

18 U.S.C. § 3142(f)(2) states that a hearing may be reopened before or after a court's ruling on a detention motion at any time before trial if the judicial officer finds that new information exists that is material to the issue and Title 18, United States Code, Section 3141(a) gives "judicial officers" authority to make determinations regarding bail in all stages of a criminal case, up to and including the trial stage.

The word "may" denotes the authority to act not the obligation to act.

 

[Tax Counsel]

Here's the problem. The lawyer can't file anything with the court for dismissal or otherwise until you have been formally charged. For most federal crimes you are not formally charged until a grand jury enters an indictment against you. So if the prosecutor is still waiting for the grand jury decision to proceed with the case there is nothing before the court yet and thus nothing for the judge to do. It may be, after all, that the grand jury returns with a decision not to indict, which would end the matter there. Or that the grand jury indicts you for something other than what the prosecutor initially sought. You can't fight charges when you don't know the exact charges that you will face. So if the reason your lawyer hasn't filed anything in court that you've asked him to file is the lack of indictment then there is nothing he, or you, can do about it at this stage. I can understand you'd be eager to put the whole matter behind you, but you'll just have to wait for the process to play out. The indictment is needed to begin the prosecution. Once you're indicted and have entered your initial plea, then your lawyer may file pre-trial motions, including motions to dismiss.

 

[army judge]

Here's the problem. The lawyer can't file anything with the court for dismissal or otherwise until you have been formally charged. For most federal crimes you are not formally charged until a grand jury enters an indictment against you. So if the prosecutor is still waiting for the grand jury decision to proceed with the case there is nothing before the court yet and thus nothing for the judge to do. It may be, after all, that the grand jury returns with a decision not to indict, which would end the matter there.

Correct you are, sir.

The good news here could very well be, the grand jury fails to indict the individual. If that were to happen, suddenly there would be no legal dilemma for @aubrey80