What criminal procedural law is it in phoenix az that the defendant has the right to bring in states witness for pre trial

Asked 9 months ago - Phoenix, AZ

my friends public defender is not competant to provide my friend the defendant adequate legal representation to get the states witnesses in for a deposition what is the proper code for this motion. also who do i send the copies too. and also a motion to suppress evidence that can not be used against the defendant what is the procedural law and if i have no money to file indingent so i dont have to pay fees for the filing in superior court

Attorney answers (3)

  1. Laura A McDermott

    Contributor Level 11

    8

    Lawyers agree

    Answered . Your heart's in the right place, in wanting to help your friend, but you're not going to be successful in trying to file motions on your friend's behalf as a civilian. And you may end up doing more harm than good.

    First, if your friend is currently being represented by the Public Defender's office, then any motions filed "Pro Se" or "Pro Per" will most likely be rejected by the court and stricken from the record. Second, depositions in criminal cases are very rarely ordered. Third, a motion to suppress is a highly technical motion that requires a great deal of legal skill and experience if one hopes for a successful outcome.

    Your friend can try to file a Pro Per motion for change of counsel, but he will need to state in the motion the reasons why he wants a new attorney. The court may or may not grant it. I've heard judges tell indigent defendants numerous times that while they are entitled to a free attorney, they are not entitled to a free attorney of their choosing.

    The only other option you have is to try to gather enough money to hire a private defense lawyer to represent your friend. Best of luck to you.

    The answers provided are for general information purposes only. They do not establish an attorney-client... more
  2. Adam Feldman

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . You are best leaving the legal research and writing to your friend's attorney. I know that you believe this attorney to be incompetent. However, I can assure you that the public defender's office provides more than competent representation with excellent training and peer review.

    To answer your question specifically, your friend will have a right to a pretrial hearing pursuant to Rule 5.2 of the Arizona Rules of Criminal Procedure. This rule provides that the judge shall issue process to secure the attendance of witnesses for a probable cause determination. In other words, both sides will have the power to subpoena witnesses for their witness preliminary hearing.


    Adam Feldman
    The Feldman Law Firm, PLLC
    1 E. Washington Street, Suite 500
    Phoenix, Arizona 85004
    (602) 540-7887
    attorney@afphoenixcriminalattorney.com
    www.afphoenixcriminalattorney.com

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  3. Brian Petersen

    Contributor Level 11

    1

    Lawyer agrees

    Answered . As has been said before, as a civilian you cannot file motions on behalf of your friend and the best way to help is by hiring legal counsel to defend. If a witness is not present at time of trial it severally weakens the states case and the charges may be dropped if they cannot support their claims.

    This response is not intended to create an attorney client relationship, nor is it given as legal advice and... more

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