The National Trial Lawyers AIOCLA 2015 10 Best NAFDD 2nd Consecutive Year DUI Attorney


Category Archives: Criminal Trials and Charges

Question: ”Can a judge legally request a defendant to be diagnosed by a court appointed psychiatrist prior to a criminal trial, in order to establish whether defendant can stand trial? If no, can the defendant refuse such a request? Further, does a defendant in a criminal case have the right of content of text messages/ emails, to prove the alleged victim had fabricated the criminal case?”

Answer:  To answer your first question, a judge may order an evaluation only after some sort of exhibition has caused him to call the person’s competency into question, in.  Usually it works to the defendant’s benefit. In regards to the content of emails or texts – an attorney can obtain that information for you.

Question: ”I have a pending court trial, and I am seeking to get a change of venue.”

Answer: A change in venue is not a simple process. In certain instances, you can have a specific courtroom changed, but, whether or not you would be best suited doing that, you should ask your attorney. Ask your attorney it that’s still an option, and whether it would be best for you, as he/she will know which courtroom your case would be moved to.

Question: ”If I took a deal but have not been sentenced yet, can I take the deal back next month when I go to court for sentencing?”

Answer: You could attempt to by way of a motion to withdraw your plea, however, there has to be a legal basis to have it granted, as buyer’s remorse is not grounds to have your plea withdrawn. Be aware that if you are successful, you are placed back in the position you were in just before you accepted this offer. However, the DA would be under no obligation to renew the same offer to you again. I don’t know the strengths or weaknesses of your case, however, so I’d suggest you go back and speak to your attorney about whether this would be possible in your case.

Question: “I had two strikes – attempted burglary, and burglary. I have a third strike, arson, but it was struck. What happens if I get a drug charge or a felony in the future? Do I get life? Should I move to another state, in order to make things okay?”

Answer: You are in a very serious situation. Moving out of state will not make things okay. A strike stricken for purposes of disposition in one case does not remove that strike from your record. You would be best suited contacting an experienced, local criminal defense attorney to best represent you.