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I feel as though my sixth amendment rights are being violated

High Point, NC |

So its been a year+ since I was arrested for a crime I did not commit accused by some one I had relations with this person called the police made there claim and a warrant was issued for my arrest and I was picked up at my home 90,000 bond, gps ankle bracelet, a 7pm curfew, my good name smeared all over the internet, cant get a job because this case comes up on background checks even though all they have to do is Google me, wife and 3 kids to support I am truly suffering ( Half of one of my eyebrow has fallen since this!!! to stressed out ) and Im not prolonging anything my position has been from day one let me go or take me to trial I did not do it the prosecution has zero evidence I haven't been in any trouble in 11 years...any help will be greatly appreciated thanks.

This is what I found so far I would just ask my lawyer but he is a public defender that pretty much always just speaks on the worst case scenario and personally I think he is trying to get me locked up or doesn't have the time to be serious about my case I would fire him but I've been told by the office that if I did I would have to find and pay for my own lawyer the cant give me a different one A delay of at least one year in bringing a defendant to trial following arrest will trigger a presumption that the Sixth Amendment has been violated, with the level of judicial scrutiny increasing in direct proportion to the length of delay. A longer delay may be deemed constitutional, however, and a shorter delay may be deemed unconstitutional, depending on the circumstances.

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Attorney answers 3


You need an attorney, we can't tell you what to do on this need an analysis of your whole case. If you can't afford an attorney, you do need a public defender. Many of them are excellent and dedicated attorneys. Other's are overworked, stressed and underpaid. However, if you haven't gone to trial yet, then he is hardly trying to make you plead out, he is probably trying to find something to help you - otherwise he would have rushed you to a plea to get the case off his docket.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

Heather Morcroft

Heather Morcroft


If you feel he is not doing his job, and you have proof, there is a type of hearing you can request to get another attorney at the state's expense. I'm not familiar with the procedure, you would have to get that from a criminal defense attorney on this forum, but there is such a procedure.


I suggest that you seek an appointment with private counsel. Most offer a free consultation. one of your questions would be how do you fire your attorne and what is the basis.
Firing your attorney does not require you to hire counsel if you cnnot afford one. (Gideon v. Wainright, US Supreme court decisiion says otherwise) Supreme court opinions also hold that you are entitled to competent counsel.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Heather Morcroft

Heather Morcroft


THAT'S the procedure I was talking about if his attorney really is not doing his job. Each state calls the procedure by a different name, but that is what it is based on.


Who gave you an appointed lawyer? The government did. The same government that's trying to convict you. Hire a private attorney. If you think you can't afford it, multiply a minimum wage job times 30 years and think about what your freedom is worth.

There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers ( Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members:

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