Criminal Trials, Hearings How can we postpone

[Raya]

Jurisdiction

West Virginia

Hi
My son is looking at 15 to life. Is there a way to get court postponed. He has his preliminary today and they scheduled him for trail in 2 days. They don't even have the discovery. How can you have trail without a discovery? I need time to get him a lawyer. If I can find one that isn't best friends with the Da and Judge. He put in a motion to suppress but it was denied. He has a public defender. Who don't put in much effort. His online reviews for the past 20 yrs are very bad. Can't he fire him? He tried. The lawyer said the court won't let him fire him. How's that work?

My son has no violent crimes, no gun crimes, no kid stuff. Just drug charges and theft. Please help me and tell me what I or he can do to postpone this case.

Thank you for your time and energy.

We live in a small WV town.

 

[army judge]

Can't he fire him?

Yes, a client can request the court to allow him/her to fire her/his attorney.

He/she should discuss the dissatisfaction with the current attorney of record. The attorney will bring the issue before the judge, and the attorney's services will be dismissed.

The he/she can request the judge to appoint another public defender.

I doubt that you'll find an attorney yourself, that'll take the case for anything under $10,000. These days that might even be $15,000 because your son's case is a very serious felony.

In the interim, I suggest you forget attempting to postpone the case, or allowing him to coerce you into doing the postponing for him.

What he should have done is POSTPONED HIS CRIMINAL TENDENCIES, and he'd NOT be in this mess today, nor would he have drug you into this sad predicament.

God bless, prayer helps, as does taking our burdens to our God.

 

[Tax Counsel]

How old is your son? Given what you posted, I'm going to guess he's at least age 18. If so, there's nothing you can do for him other than get him a private attorney, if you're willing and able to do that. Furthermore, so long as your son is represented by a lawyer, only the lawyer may file motions and other documents with the court. It's not unusual for a public defender to get bad reviews because they don't have a lot of time to chat with the client like a private attorney would (and for which the client pays) and instead put their efforts into doing the really necessary things into the case. It may be that the lawyer is bad, but I wouldn't put much stock on internet ratings to determine that. Indeed, if he was terrible I wouldn't expect him to last in that job for 20 years. However, if the lawyer is truly bad and does not provide adequate representation that will give him an issue for appeal if he's convicted.

As he just had the preliminary hearing, I'm going to bet that the trial won't start in two days. Neither the prosecutor, the judge, or your son's attorney can prepare for trial in 2 days. So see what happens in two days. No private lawyer will want to pick up a case if trial will actually start in just two days for the same reason — there just won't be time for the public defender to be relieved as counsel, substitute in the new lawyer, and then prepare for trial in two days. In my state typically what happens when the trial date is set too soon both the defense attorney and the prosecutor jointly ask for a continuance so that they'll have the time they need for all the pre trial activities.

 

[Red Kayak]

I need time to get him a lawyer. If I can find one that isn't best friends with the Da and Judge.

Would you prefer a lawyer unfamiliar with the local court? Of actively disliked by the Judge?

It's actually better to have a lawyer has a positive relationship with colleagues.

My son has no violent crimes, no gun crimes, no kid stuff. Just drug charges and theft.

The dude my brother shot in self defense during a home invasion had no history of violent crimes, just drug charges and theft. Waking up in a hospital, recovering from a gun shot would to his chest, was not enough of a wake up call to get him off drugs, because his mom is still bailing him out.

Be a better parent. If you're going to shell out money, shell it out for rehab.

Take up volunteer work in your community and help other young people channel their energy productively if your son is determined to self implode.

 

[Redemptionman]

You need to ask for a continuance. Tell the judge that you do not believe the assigned PD will provide your son with an adequate defense. Go find you an attorney and depending upon the severity of the felony you are probably looking at $7-14k at least.

 

[justblue]

You need to ask for a continuance. Tell the judge that you do not believe the assigned PD will provide your son with an adequate defense. Go find you an attorney and depending upon the severity of the felony you are probably looking at $7-14k at least.

What standing does OP have to ask for a continuance?

 

[Zigner]

You need to ask for a continuance. Tell the judge that you do not believe the assigned PD will provide your son with an adequate defense. Go find you an attorney and depending upon the severity of the felony you are probably looking at $7-14k at least.

Echoing what was said above...why do you believe the OP can do this? I suspect the OP is not an attorney, and the OP is certainly not the defendant's attorney.

 

[Redemptionman]

What standing does OP have to ask for a continuance?

Insufficient council, whichever lawyer she hires will have to have time for discovery. They are going to ask for a continuance anyway. Some states have increased the amount of money PD pays and is billable on certain requirements. I am not sure WV does that, but there should be efficient time to find another attorney, and get on with it. Of course, if you think she could be the PD and then her son gets min of 15 years served which means he might be out in 5-8 years. Good criminal defense attorneys find a way to get out of things like this. I think the OP needs to find one in her local area, it could make all the difference especially in a case like this.

 

[army judge]

What standing does OP have to ask for a continuance?

None, as in nada, zilch, zero, etc...

 

[army judge]

Good criminal defense attorneys find a way to get out of things like this. I think the OP needs to find one in her local area, it could make all the difference especially in a case like this.

I agree, but not just criminal defense attorneys.

A good attorney will do everything legally within her/his ability to ensure the client receives a fair and just trial.

Drug cases are generally based on science, as well as probable cause.

Bottom line, they're generally very hard to disprove the state's assertions.

 

[justblue]

None, as in nada, zilch, zero, etc...

Yes. My point exactly.

 

[Zigner]

Insufficient council, whichever lawyer she hires will have to have time for discovery. They are going to ask for a continuance anyway. Some states have increased the amount of money PD pays and is billable on certain requirements. I am not sure WV does that, but there should be efficient time to find another attorney, and get on with it. Of course, if you think she could be the PD and then her son gets min of 15 years served which means he might be out in 5-8 years. Good criminal defense attorneys find a way to get out of things like this. I think the OP needs to find one in her local area, it could make all the difference especially in a case like this.

The OP is not the defendant. The OP is the defendant's parent. The OP cannot do what you suggest.

 

[Tax Counsel]

Good criminal defense attorneys find a way to get out of things like this

Good attorneys do everything they can within the rules that govern legal practice to achieve the goals the client, which in this is avoiding conviction and possibly a long prison term. But attorneys are not sorcerers that can create something out of nothing. If the state has a solid case with no serious procedural errors no attorney, no matter how good, is likely to keep the client from conviction. Then the best the attorney can do is minimize the consequences of a conviction, if possible, usually through a plea bargain.

The OP may not file anything with the court for his son, as I pointed out before. His son currently has an attorney and while he has an attorney the attorney is the only person from whom the court will accept motions on behalf of the son. Assuming the son is a legally competent adult and the OP is not a lawyer then there is no circumstance in which the OP may file the continuance motion. The son's attorney (whether the PD or private counsel hired for the son) has to do it, or if not represented by attorney, it would be up to the son himself to do it.

I'm still betting that the trial won't actually start tomorrow, despite what the court calendar showed for the reasons I mentioned in my prior prior post.

 

[zddoodah]

Is there a way to get court postponed.

Hearings and trials and status conferences can be postponed. Your son's lawyer can seek a postponement if he/she, in consultation with your son, believes it appropriate to do so.

He has his preliminary today and they scheduled him for trail in 2 days.

I don't understand. You posted this at 3:40 p.m. yesterday. I assume that's 3:40 p.m. in my time zone (PDT), which would mean you posted at 6:40 p.m. EDT. Did you mean he had his preliminary hearing earlier in the day yesterday (Monday, July 29)? Or was his prelim scheduled for today (Tuesday, July 30). Regardless, I doubt very much that any court would schedule a felony trial (not "trail") two days after the preliminary hearing.

I need time to get him a lawyer. . . . He has a public defender.

Just to be clear: you understand that a public defender is a lawyer. Correct?

Who don't put in much effort. His online reviews for the past 20 yrs are very bad.

Not to be flippant, but I imagine that the only people who post "online reviews" for public defenders are criminals who were convicted and decided to take out their frustration on the defense attorney who couldn't work the magic necessary to get a factually guilty person acquitted.

My son has no violent crimes, no gun crimes, no kid stuff. Just drug charges and theft.

So...he's a career criminal? You didn't tell us what he's currently charged with, but if he's looking at the possibility of a life sentence, that's pretty serious.

Your son needs to discuss what's happening with his attorney.

You need to ask for a continuance. Tell the judge that you do not believe the assigned PD will provide your son with an adequate defense.

The OP has no standing to do anything.

Good criminal defense attorneys find a way to get out of things like this.

"Things like this" meaning what? Sometimes even the best lawyer can't get a client acquitted of a serious felony.

 

[Redemptionman]

I didn't say get him out of it, a plea or something that cuts the time served and results in probation.

The OP doesn't have the right to ask for a continuance but her son the one charged does, and he could ask his PD to do it for him while they source an attorney.

The criminal justice system is one whereby the police are incentivized to charge people with as many felonies as they can and the DAs are incentivized through budget determinations to get convictions. Hence all the push for justice reforms. Cops arrest more felons then they get larger budgets and then can hire more cops while the DA lets defendants who can not afford attorneys or the means to get out of their overcharges to get convicted, and serve more time than others convicted of similar crimes. Harris did this in her wonderful state of California, and has experience with it. Which kills me since they are the one supposedly for peoples rights and are the exact opposite of everything they propose to be.