I am trying to get as many people as I can go serious write sworn affidavits and sign them so I can get them on record by Monday. Court is Tuesday. Although I know that affidavits without the presence of the witness to testify it's validity may be found unreliable but I'd still like to get in as many beneficial things about me on the record as possible. Just wanted to make it easier to get them written and signed without also trying to have them notarized. Also? Please stop asking me to ask my court appointed attorney these questions. She doesn't know the answers which is why I'm asking all of these questions here. If we lose , I certainly plan to use insufficient representation as part of my appeal
It's not a matter of them being found unreliable, it's a matter of the judge not allowing them at all.
If you have an attorney, you're not going to be able to submit anything except through that attorney.
You can't have an attorney and also submit evidence yourself.
So, those who have already told you you need to speak to your court appointed attorney, know what they're talking about.
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Your question answers itself it has to be sworn before a notary- and even then may not be admissible
If you get these documents written out and signed they could help your lawyer establish that she needs a continuance to fully represent you. You can file them with the clerk of court without using your attorney, but they cannot be "presented" in court without going through your attorney. Once they are filed, they can be referred to as being evidence of additional witnesses and facts later on if things go wrong. It very much sounds like you have a deep conflict with how your case is being handled and you may want to bring this issue to the judge's attention on Tuesday. You can either ask for a new court appointed lawyer or for more time to get a new lawyer. If these witnesses truly have valuable information to your case which could help you, it could be ineffective assistance of counsel for your lawyer not to interview them, list them as potential witnesses, and put them under subpoena for your trial.
I strongly recommend that you meet with a few criminal defense lawyers before your court date to see if you could hire a private attorney.
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Mr. Sudbury has given you a step by step way to proceed. Very sound advise.
Good luck to you
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