I'm in a current criminal case from 2012, n have a criminal lawyer, however I have a brain injury from a surgery when I was 15, so I have no processing function n sometime lack the ability to understand a situation in its complete entirety. Should I request a disability lawyer to co council with my criminal Atty to make sure I'm getting a fair hearing n that I'm truly: understanding on going events? I feel like I'm not being taken seriously. N that a valid reason that something isnt being handled correctly, is not an excuse. I feel there opinion will be the verdict. I want a fair hearing........
How would a disability lawyer help with a criminal case? What would they even do? In general, more than 1 lawyer is a bad idea.
The answer to your question depends on the case, your ability to pay, and whether it makes sense for two attorneys to assist you. It is hard to answer that question here on AVVO, but I suggest that you speak with your criminal attorney, and express your concerns. I am sure that your criminal attorney will want you to be treated fairly, but what that means depends on all the circumstances. Good luck to you.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
Perhaps, but before you hire another attorney you should consult with your current attorney about this, rather than ask strangers on the internet who know nothing about the facts or circumstances of your case.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
No, you do not need a disability lawyer. You need your current criminal lawyer to hire a medical expert to testify on your behalf.
A second attorney may not be needed to ensure that you receive a fair hearing. It sounds like your current lawyer may be absolutely capable of ensuring that. But it sounds like your lawyer may be falling short in his or her duty to make sure you're understanding everything that is going on with your case. I would urge you to start by explaining your concerns to your current attorney. If that does not work, maybe it is time to seek second or alternative counsel. Good luck!
Make sure your criminal defense attorney knows about your issues. He or she can help you decide whether it makes sense to have a competency evaluation, consult an expert witness or provide documents to the court regarding your situation. If you are not understanding the proceedings you need to let your attorney know so that they can try to explain it.
I am not sure whether a disability lawyer would help. If your brain injury is such that you lack the ability to understand the nature of the proceedings or assist your attorney in your defense, you may legally be incompetent to stand trial and the court would have to stop the proceedings. Depending on whether you are in superior court or a court of limited jurisdiction, there may of may not be the ability for a court to order that you receive restorative therapy.
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