I was asked to do this because our case is taking quit a while and our atty has not kept intouch with us about anything. Is this a bad or good thing to do?
In the criminal courts, a motion for a speedy trial is used to require the prosecution to try the case in an expeditious manner in accordance with US Constitutional and state procedural standards.
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DUI / DWI Attorney
That is a strategic decision based on many factors and a good knowledge of sppedy trial case law, which even many lawyers don't have. Schedule an appointment for a sit-down with your attorney. If you're still not satisfied with his representation, hire a new one.
I'm sure your attorney can take you to court tomorrow and plea you to whatever the DA is offering. It takes time to do the necessary discovery and massage the DA into the best result. If you simply know you're unwilling to take any offer (and that means a Class C reduction, a conditional dismissal, etc.), then pay your attorney a trial fee and set the case for trial.
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Criminal Defense Attorney
In Texas, only a lawyer is legally permitted to file pleadings in a criminal case for another person.
If a defendant is dissatisfied with counsel, a meeting to discuss things is appropriate. Or, seeking different counsel.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
Medical Malpractice Attorney
It is not clear to me whom you are referring to as "us" or whether there is only one defendant or more than one. In any event, since there is apparently a lawyer representing whoever it is you would be filing a motion for, only the lawyer should be filing anything with the court. Also, if you are not a lawyer, you cannot properly file anything on behalf of anyone other than yourself. If you do, you will be practicing law without a license, thus creating an addition problem for yourself.
I completely agree with the other lawyers who have recommended that you and whoever else is a criminal defendant in the case need to sit down with the lawyer who is currently defending the case, discuss what needs to be done and get your questions answered.
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