Prison, Jail Held in Detention Center over 14 mo. NO trial date!!

[Bully]

Jurisdiction

Nevada

I am not sure how to make a complaint about this situation but here goes... My friend was arrested in November of 2016 after being in a bar fight. He has been sitting in the Churchill County Detention center for over 14 months. He wants to take his case to court but the Public Defender wants him to take a plea bargain for something he didn't do. So far they have refused to give him a trial date, so he can defend himself in court with a jury, for the charges brought against him. He was attacked by 2 men in a bar who held him down on the floor in a choke hold so he couldn't breath, and he defended himself with a pocket knife. No one was killed but one guy went to the hospital with some stab wounds... My friend was fighting for his life, yet he is the only one in jail, because he is still alive?? He is also over 60 years old, disabled with heart disease and no match for these 2 men, who were never charged with anything, even though they assaulted him first, in a 2 against 1 bar fight. He can't afford a private attorney to defend him, and the Public Defender won't do what he wants by getting him a court date, so there he sits, in jail, with on way out!!! What do you suggest he could do to help himself in this situation??? Please respond so I can pass on your advice to him, or give you his info so you could contact him directly. I am very, very concerned about his health and well being, as he is not getting the proper medical care for his heart condition, in this small town jail. Thank you very much in advance for your response, Bully

 

[KatDini]

The best thing you can do for your friend is hire him an attorney.

As far as sharing his information, no legitimate attorney cruises message boards looking for clients. So, no need for that.

 

[mightymoose]

Was he denied bail?
Is your friend US citizen?

 

[army judge]

I am not sure how to make a complaint about this situation but here goes... My friend was arrested in November of 2016 after being in a bar fight. He has been sitting in the Churchill County Detention center for over 14 months. He wants to take his case to court but the Public Defender wants him to take a plea bargain for something he didn't do. So far they have refused to give him a trial date, so he can defend himself in court with a jury, for the charges brought against him. He was attacked by 2 men in a bar who held him down on the floor in a choke hold so he couldn't breath, and he defended himself with a pocket knife. No one was killed but one guy went to the hospital with some stab wounds... My friend was fighting for his life, yet he is the only one in jail, because he is still alive?? He is also over 60 years old, disabled with heart disease and no match for these 2 men, who were never charged with anything, even though they assaulted him first, in a 2 against 1 bar fight. He can't afford a private attorney to defend him, and the Public Defender won't do what he wants by getting him a court date, so there he sits, in jail, with on way out!!! What do you suggest he could do to help himself in this situation??? Please respond so I can pass on your advice to him, or give you his info so you could contact him directly. I am very, very concerned about his health and well being, as he is not getting the proper medical care for his heart condition, in this small town jail. Thank you very much in advance for your response, Bully

You have no standing to make a complaint.

Your pal can complain or comply.

However, there is no jail in this country that denies medical care to an inmate.

There are, however, many inmates who lie about being denied medical care.

What you characterize as an "affray", the DA has likely charged as an AGGRAVATED or FELONIOUS ASSAULT, which makes it a felony.

Your lack of standing doesn't prohibit you from hiring an attorney to represent your pal.

That said, you can contact many of the fine attorneys in the county where your pal is being detained and eventually hire one to assist your buddy.

Good luck to you both.

 

[Bully]

The best thing you can do for your friend is hire him an attorney.

As far as sharing his information, no legitimate attorney cruises message boards looking for clients. So, no need for that.

I would love to hire him an attorney but I am living on SS of less than $800 per mo. I tried this sight because I don't know what to do to help him OK???

 

[Bully]

Was he denied bail?
Is your friend US citizen?

Yes he is a US citizen and no he was not denied bail...

 

[army judge]

Yes he is a US citizen and no he was not denied bail...

----------------------------------

Is this your pal?
This changes the narrative, mate.

This newspaper account varies from your recitation of the event above.

Fallon Police Department has released information on a local businessman being stabbed Saturday night.

Shortly after 5:30 p.m., FPD said in a statement that Carl Lemos, 60, of Fallon entered the Overland Hotel's bar and assaulted owner David Barkley with a knife. Lemos had previously been removed from the Overland. The Fallon man, though, returned a short time later and assaulted Barkley, causing substantial injury. The FPD said paramedics treated Barkley and took him to Banner Churchill Community Hospital. He was then transported to Renown Medical Center in Reno where he was treated for cuts to the neck area.

FPD charged Lemos with battery causing substantial harm and battery with a deadly weapon.

He is being held in the Churchill County jail on $80,000 bail.

 

[Bully]

----------------------------------

Is this your pal?
This changes the narrative, mate.

Fallon Police Department has released information on a local businessman being stabbed Saturday night.

Shortly after 5:30 p.m., FPD said in a statement that Carl Lemos, 60, of Fallon entered the Overland Hotel's bar and assaulted owner David Barkley with a knife. Lemos had previously been removed from the Overland. The Fallon man, though, returned a short time later and assaulted Barkley, causing substantial injury. The FPD said paramedics treated Barkley and took him to Banner Churchill Community Hospital. He was then transported to Renown Medical Center in Reno where he was treated for cuts to the neck area.

FPD charged Lemos with battery causing substantial harm and battery with a deadly weapon.

He is being held in the Churchill County jail on $80,000 bail.

I don't have the funds to hire him an attorney or I would... I have known my friend for over 25 years and I have never known him to be a lier... I have however witnessed the police change the facts of a situation to fit their agenda... like in this report what happened to the other man who was choking him out on the floor to begin with, before the owner jumped into the fight?? All I know is that my friend should have the right to a fair trial with an opportunity to defend himself in court and he is still siting in jail for over a year... and yes he is disabled with heart disease as I was there when he was in intensive care for 10 days and almost lost his life! He has not been able to see his heart Dr. in over a year because his office is 60 miles away, and that is dangerous to his health! What I am concerned about is without a speedy trail in his situation, it is injurious to his health. So as a judge, what do you suggest could be done to help him get a court date??

 

[army judge]

I don't have the funds to hire him an attorney or I would... I have known my friend for over 25 years and I have never known him to be a lier... I have however witnessed the police change the facts of a situation to fit their agenda... like in this report what happened to the other man who was choking him out on the floor to begin with, before the owner jumped into the fight?? All I know is that my friend should have the right to a fair trial with an opportunity to defend himself in court and he is still siting in jail for over a year... and yes he is disabled with heart disease as I was there when he was in intensive care for 10 days and almost lost his life! He has not been able to see his heart Dr. in over a year because his office is 60 miles away, and that is dangerous to his health! What I am concerned about is without a speedy trail in his situation, it is injurious to his health. So as a judge, what do you suggest could be done to help him get a court date??

I don't suggest anything, as I am NOT his attorney.

However, some people hire an attorney.

Other people utilize the services of a taxpayer funded attorney.

Taxpayer funded attorneys are attorneys available for hire, but occasionally appointed to represent people determined to be indigent.

Some defendants fire an existing attorney by writing a letter to the lawyer telling her/him he's fired, the attorney schedules a hearing where the judge approves, appointing another attorney.

Some defendants ask to represent themselves, which is their constitutional right.

An attorney is usually appointed to shadow the defendant, available to advise him/her as requested or needed.

There are many comings and goings insofar as a criminal trial is concerned.

Unless you're the prosecutor, defense attorney, or judge; you have no way of knowing what occurred.

You are free to report your concerns to state and county elected officials.

This is the website of the county highsheriff. You are free to contact him or his undersheriff to file any complaints you deem necessary:

Churchill County, NV - Official Website - Sheriff's Office

If you believe a prisoner of a county jail is being mistreated you're free to report as follows:


Nevada: Prison Resources

www.Prisonwatchnetwork.org

Nevada Cure: Nevada Prisoner Abuse Documentation

 

[Bully]

I don't suggest anything, as I am NOT his attorney.

However, some people hire an attorney.

Other people utilize the services of a taxpayer funded attorney.

Taxpayer funded attorneys are attorneys available for hire, but occasionally appointed to represent people determined to be indigent.

Some defendants fire an existing attorney by writing a letter to the lawyer telling her/him he's fired, the attorney schedules a hearing where the judge approves, appointing another attorney.

Some defendants ask to represent themselves, which is their constitutional right.

An attorney is usually appointed to shadow the defendant, available to advise him/her as requested or needed.

There are many comings and goings insofar as a criminal trial is concerned.

Unless you're the prosecutor, defense attorney, or judge; you have no way of knowing what occurred.

You are free to report your concerns to state and county elected officials.

This is the website of the county highsheriff. You are free to contact him or his undersheriff to file any complaints you deem necessary:

Churchill County, NV - Official Website - Sheriff's Office

If you believe a prisoner of a county jail is being mistreated you're free to report as follows:


Nevada: Prison Resources

www.Prisonwatchnetwork.org

Nevada Cure: Nevada Prisoner Abuse Documentation

Thank you so much for your response, I will fallow up on all of your suggestions and pass them on to my friend... since I have never been arrested myself I had no point of reference for this situation... Thank u again Barbara

 

[mightymoose]

All I know is that my friend should have the right to a fair trial with an opportunity to defend himself in court and he is still siting in jail for over a year

He may not realize it, but one of the first things likely done when he first appeared in court after his arrest was waive his right to a speedy trial. There are many good reasons to do so and it is extremely common. He can withdraw that waiver if he chooses, but it may not be in his best interest.
He can also post bail or ask for a bail reduction.

Any time spent in custody now will be counted as time served on any eventual sentence he receives... And it appears reasonable to assume he will get a chunk of time for this.

It may not be the best care or his preferred doctor, but he has access to medical care while in custody.

 

[Bully]

He may not realize it, but one of the first things likely done when he first appeared in court after his arrest was waive his right to a speedy trial. There are many good reasons to do so and it is extremely common. He can withdraw that waiver if he chooses, but it may not be in his best interest.
He can also post bail or ask for a bail reduction.

Any time spent in custody now will be counted as time served on any eventual sentence he receives... And it appears reasonable to assume he will get a chunk of time for this.

It may not be the best care or his preferred doctor, but he has access to medical care while in custody.

Thank you for your input, but I think one of the reasons my friend is still sitting in jail, is that he refused to take a plea bargain for a robbery he had absolutely nothing to do with, in exchange for not taking his case to court!! The account of what happened in the News Paper is a complete and total lie. They never mention that my friend ended up with a broken leg, do to the attack on him. The man who originally started the fight was never mentioned, and the Bar owner, only got stabbed because he tried to intervene in the fight, by putting my friend in a choke hold, while he was already on the floor, with the other man holding him down. The irony of this is, that the man who originally attacked my friend, ended up dead 2 months later from attacking another customer in this same Bar!! The Bar owner, who grew up in this town is very good friends with everyone from the police department on up! The idea that my friend would deliberately start a fight with his pocket knife, is ridiculous because he has a life threatening heart condition!! He actually went to the Bar to meat a friend who was late so he had to weight for her. Sorry about all the "story", but I feel so helpless in this situation because nether my friend or I have the finances to hire an attorney to protect his rights. All he wants to do, is tell his side of what happened to him in that Bar, to a jury... I hope he lives long enough to get his day in court!!!!!!

 

[mightymoose]

All he wants to do, is tell his side of what happened to him in that Bar, to a jury... I hope he lives long enough to get his day in court!!!!!!

One way or another he needs legal assistance to get things moving. Call around and see what you can find for him. He doesn't necessarily need a trial lawyer- the state can provide that. He just needs someone who knows how the system works to get things moving for him. Simply waiting is not an effective solution if he is in a hurry, and he is not in the best place to get things done.

Here is some info to get you started. Note the second to last section below. Your buddy likely waived his right to get things done quickly very early on in the process, but he can withdraw that waiver.
There likely are practical reasons for the delay, but unless he withdraws his waiver nobody will be in much of a hurry to get things done.

Nevada Rules of Civil Procedure, Rule 38
Right to Jury Trial

(a) Right Preserved. The right of trial by jury as declared by the Constitution of the State or as given by a statute of the State shall be preserved to the parties inviolate.

(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving as required by Rule 5(b) upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than the time of the entry of the order first setting the case for trial.
[As amended; effective January 1, 2005.]

(c) Same: Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
[As amended; effective January 1, 2005.]

(d) Waiver; Deposit of Jurors' Fees. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. Unless the district in which the action is pending has adopted a local rule pursuant to Rule 83 declaring otherwise, at the time a demand is filed as required by Rule 5(d), the party demanding the trial by jury shall deposit with the clerk an amount of money equal to the fees to be paid the trial jurors for their services for the first day of trial. A demand for trial by jury made as herein provided may be withdrawn only with the consent of the parties, or for good cause shown upon such terms and conditions as the court may fix.
[As amended; effective July 28, 2009.]



Nevada Revised Statute 178.556
Dismissal by court for unnecessary delay.

1. If no indictment is found or information filed against a person within 15 days after the person has been held to answer for a public offense which must be prosecuted by indictment or information, the court may dismiss the complaint. If a defendant whose trial has not been postponed upon the defendant's application is not brought to trial within 60 days after the arraignment on the indictment or information, the district court may dismiss the indictment or information.

2. If a defendant whose trial has not been postponed upon the defendant's application is not brought to trial within 60 days after the arraignment on the complaint for an offense triable in a Justice or municipal Court, the court may dismiss the complaint.

 

[Bully]

Thank you for your input, but I think one of the reasons my friend is still sitting in jail, is that he refused to take a plea bargain for a robbery he had absolutely nothing to do with, in exchange for not taking his case to court!! The account of what happened in the News Paper is a complete and total lie. They never mention that my friend ended up with a broken leg, do to the attack on him. The man who originally started the fight was never mentioned, and the Bar owner, only got stabbed because he tried to intervene in the fight, by putting my friend in a choke hold, while he was already on the floor, with the other man holding him down. The irony of this is, that the man who originally attacked my friend, ended up dead 2 months later from attacking another customer in this same Bar!! The Bar owner, who grew up in this town is very good friends with everyone from the police department on up! The idea that my friend would deliberately start a fight with his pocket knife, is ridiculous because he has a life threatening heart condition!! He actually went to the Bar to meat a friend who was late so he had to weight for her. Sorry about all the "story", but I feel so helpless in this situation because nether my friend or I have the finances to hire an attorney to protect his rights. All he wants to do, is tell his side of what happened to him in that Bar, to a jury... I hope he lives long enough to get his day in court!!!!!!

One way or another he needs legal assistance to get things moving. Call around and see what you can find for him. He doesn't necessarily need a trial lawyer- the state can provide that. He just needs someone who knows how the system works to get things moving for him. Simply waiting is not an effective solution if he is in a hurry, and he is not in the best place to get things done.

Here is some info to get you started. Note the second to last section below. Your buddy likely waived his right to get things done quickly very early on in the process, but he can withdraw that waiver.
There likely are practical reasons for the delay, but unless he withdraws his waiver nobody will be in much of a hurry to get things done.

Nevada Rules of Civil Procedure, Rule 38
Right to Jury Trial

(a) Right Preserved. The right of trial by jury as declared by the Constitution of the State or as given by a statute of the State shall be preserved to the parties inviolate.

(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving as required by Rule 5(b) upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than the time of the entry of the order first setting the case for trial.
[As amended; effective January 1, 2005.]

(c) Same: Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
[As amended; effective January 1, 2005.]

(d) Waiver; Deposit of Jurors' Fees. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. Unless the district in which the action is pending has adopted a local rule pursuant to Rule 83 declaring otherwise, at the time a demand is filed as required by Rule 5(d), the party demanding the trial by jury shall deposit with the clerk an amount of money equal to the fees to be paid the trial jurors for their services for the first day of trial. A demand for trial by jury made as herein provided may be withdrawn only with the consent of the parties, or for good cause shown upon such terms and conditions as the court may fix.
[As amended; effective July 28, 2009.]



Nevada Revised Statute 178.556
Dismissal by court for unnecessary delay.

1. If no indictment is found or information filed against a person within 15 days after the person has been held to answer for a public offense which must be prosecuted by indictment or information, the court may dismiss the complaint. If a defendant whose trial has not been postponed upon the defendant's application is not brought to trial within 60 days after the arraignment on the indictment or information, the district court may dismiss the indictment or information.

2. If a defendant whose trial has not been postponed upon the defendant's application is not brought to trial within 60 days after the arraignment on the complaint for an offense triable in a Justice or municipal Court, the court may dismiss the complaint.

WOW!!! To my knowledge he never requested to postpone his right to a speedy trial... I will definitely look into this immediately... thank u so much for this info. Barb

 

[mightymoose]

Don't get too excited. There is no hall pass from jail hidden in that text. That information is explaining why he is likely in jail waiting so long, not showing a way out.

I bet he did waive time at some point whether he realizes it or not.
It is standard procedure so attorneys have time to review information and prepare.

If he wants to speed things up he had better have a plan in place and legal counsel up to date. Speeding things up is not necessarily a good thing. Neither is his eagerness to tell his side of the story. Lots of people land in prison as a result of their own words.

 

[Bully]

Don't get too excited. There is no hall pass from jail hidden in that text. That information is explaining why he is likely in jail waiting so long, not showing a way out.

I bet he did waive time at some point whether he realizes it or not.
It is standard procedure so attorneys have time to review information and prepare.

If he wants to speed things up he had better have a plan in place and legal counsel up to date. Speeding things up is not necessarily a good thing. Neither is his eagerness to tell his side of the story. Lots of people land in prison as a result of their own words.

The good news is,I just found out 2day my friend finely got a court date, after waiting for more than a year... the bad news is, his attorney the Public Defender, whom he has absolutely no confidence in at all, will not support his request to testify in his own defense.
Isn't it his right as a defendant to make those decisions for himself???

It's only because the DA's charges are so inconsistent with what actually transpired, that my friend feels, the only way the jury will hear the truth about what happened, is if he tells the story in his own words.
I think he'd rather it be by his own words, that could land him in prison, than those of an incompetent attorney...

Thanx again, for your thoughtful responses to my diatribe, it's been very cathartic to share my friend's dilemma with you. Barb

 

[army judge]

I think he'd rather it be by his own words, that could land him in prison, than those of an incompetent attorney

It is a rare defendant who serves himself well by choosing to testify.
Why?
Because it allows the prosecutor to cross examine him, and it can open up other things best left unknown to the jury.
During all my years practicing law, I have only permitted one person to testify.
That person was a minister, and had led a normal, quiet life up until the incident which caused him to become a defendant.

 

[ElleMD]

Sure he CAN testify on his own behalf, but only an absolute fool would do so against the advice of their attorney. There is a very good reason many defendants do not take the stand. While he might get to "tell his side" he also has to answer questions asked by the other side and anything and everything he says can be used against him.

 

[Highwayman]

T...is that he refused to take a plea bargain for a robbery he had absolutely nothing to do with...

Unless you were there you cannot make this statement. You have no idea what really happened.

By the way, you never answered the question about whether that story that army judge found was about your friend.

 

[Bully]

It is a rare defendant who serves himself well by choosing to testify.
Why?
Because it allows the prosecutor to cross examine him, and it can open up other things best left unknown to the jury.
During all my years practicing law, I have only permitted one person to testify.
That person was a minister, and had led a normal, quiet life up until the incident which caused him to become a defendant.

While I certainly don't disagree with you at all, I have also served on several jury's and I appreciated it when the defendant spoke to us in his own words. Even when the prosecutor cross examined the defendant, the defendants own words still carried more weight on my decision to vote in his favor, than what the prosecutor had to say. This was only my experience and doesn't mean my friend should not take his attorney's advice. I think the problem in this case is, that my friend doesn't have any confidence in his attorney's ability to defend him in court. He has tried to replace him twice but his requests were denied... My friend is so convinced the system is corrupt, that he believes his only chance is to speak up for himself, and let the jury decide his fate. I tried to email him a copy of your advice but the system would not let him open the attachment. So there you have it... and again, I thank you so much for your professional advice concerning this situation.
I think all I can do at this point is "let go and let God"!!! Amen?? Barb