How do Constitutional and Procedural Errors from an arrest effect Criminal Proceedings and Trial?

Asked almost 2 years ago - Little Rock, AR

I am a criminal defendant. I have been awaiting reial for nearly 3 yrs. There are several civil rights and due process violations stemming from my initial arrest. How can I get my attorney to properly bring these issues to light? He is making no effort to address these violations. I do not want to waive anymore rights and am unsure how to assert myself properly.

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  1. Philip Douglas Cave

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    Answered . You should address these concerns directly with your counsel.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
  2. William A. Jones Jr.

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    Answered . You've asked a ton of questions and revealed that you have counsel. Your attorney should be your sole source of information and advice with respect to your case. You do not indicate whether counsel is privately retained or a member of a public defender organization/court appointed. If he/she is in the later category then you are in a tough position. You may be able to request substitute counsel but you are going to have to be able to back up your claims about counsel's failures. If you have privately retained counsel you need to have a serious discussion with him/her. If you are unable to come to an agreement on the handling of your case you need to interview and hire your own replacement attorney. I would keep a detailed record of your interaction with your attorney/attorneys so that you will be able to substantiate your claims in the future, if need be.

  3. Mary Frances Higdon

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    Answered . If counsel is court appointed, tell the Court that you are dissatisfied with the representation you are receiving. If you have hired counsel, hire someone else.

  4. Sean Joseph Farrelly

    Contributor Level 3

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    Answered . If you have thoroughly discussed these issues with your counsel and he has not brought them to the court's attention he may have a good reason for not doing so. It may be that although you believe there are issues to raise, they are not legally valid issues in the eyes of the court. I would suggest that you have your attorney explain to you exactly why he has decided not to raise the the civil rights and due process issues that you believe clearly exist in your case. If at the end of the day you are not satisfied with his answers then you can always attempt to obtain new counsel.

    This communication is for the sole purpose of providing general information to the public. This communication in... more

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Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

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Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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