Summary
Estes robbery in California involves theft with force or fear. If video evidence is missing, file a discovery motion or subpoena for records. Consider requesting a new attorney if dissatisfied with representation. You may have grounds for a civil lawsuit against Home Depot for false imprisonment or defamation. Report false statements by the loss prevention officer to the police or district attorney. Consult a civil attorney for potential legal actions.Full Conversation
I have a Estes robbery case against me in oc ca
****, an Estes robbery case is quite serious. In California, this involves the use of force or fear during a theft. Understanding the details of your case is crucial. Could you provide more information about the circumstances of the incident? For example, were there any injuries or weapons involved?
No injuries were involved I'm accused of having a knife among other things but the loss prevention officer lies to the police on this whole story bs. There was a video and I still picture of me that's how this all started after my state appointed lawyer kept trying to get me to sign prison time with a strike. Fed up with talking to him cuz he seemed against me I had the idea wait a minute watch the video footage it will prove my innocence that simple will prove that guy's lying. I believe that loss prevention guy was fired because of this incident. Now after all these months the home Depot send the lawyer to court says that there is no video footage and they said that guys work history is private or something.
It sounds like there's a significant dispute over the evidence and the credibility of the loss prevention officer. Here are a few key points to consider:
- California Penal Code *: Defines robbery, including Estes robbery, as taking personal property from someone using force or fear.
- Evidence: If the video footage is crucial, consider filing a motion to compel discovery for any additional evidence.
- Witness Testimony: Investigate if other witnesses can corroborate your story.
- Legal Representation: If you’re dissatisfied with your public defender, you might consider requesting a different one or consulting with a private attorney.
To better assist you, have you considered seeking another legal opinion or filing a formal complaint about your appointed lawyer?
I thought about filing a formal complaint about my appointment lawyer but I'm worried because it seems like everybody's already against me I feel like they would make it even worse for me and I don't have money for real
Filing a complaint against your appointed lawyer is a serious step, but your concerns are valid. You have the right to effective legal representation. You can:
- Request a new public defender if you feel your current one is not representing you adequately.
- File a complaint with the public defender's office or the state bar association regarding your lawyer's conduct.
Would you like more information on how to file a complaint or request a new public defender?
It's not a public defender or an alternate defender it's a state appointed attorney but he really seems that I like me
It sounds like you have concerns about your state-appointed attorney's ability to represent you effectively. Here are your options:
- Request a new attorney: You can ask the court to appoint a different lawyer if you feel your current one is not acting in your best interest.
- File a complaint: Contact the California State Bar to file a complaint about your attorney’s conduct.
Would you like more specific details on how to proceed with either of these actions?
Yes please
To proceed with requesting a new attorney or filing a complaint, you can follow these steps:
*. Request a New Attorney:
- Write a formal letter to the court explaining why you believe your current attorney is not representing your best interests.
- Submit this letter to the judge handling your case.
*. File a Complaint:
- Contact the California State Bar at *-*-*-* or visit their website at www.calbar.ca.gov.
- Follow their instructions for filing a complaint against your attorney.
Would you like help drafting the letter or more details on the complaint process?
Yes please
Hi ****,
To help you draft the letter to request a new attorney, here's a template you can use:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Honorable [Judge’s Name]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: Request for New Attorney
Case Number: [Your Case Number]
Dear Judge [Judge’s Last Name],
I am writing to formally request a new attorney to represent me in my Estes robbery case. I believe my current state-appointed attorney, [Attorney's Name], is not acting in my best interests due to the following reasons:
*. [Briefly describe your dissatisfaction with your attorney's performance, e.g., lack of communication, failure to review crucial evidence].
*. [Provide specific instances where you feel your attorney has not adequately represented you, e.g., encouraging you to accept a plea deal without proper investigation].
Given these concerns, I respectfully request that a new attorney be appointed to ensure I receive fair and effective representation.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Forfiling a complaint with the California State Bar:
*. Call the California State Bar at *-*-*-*.
*. Visit their website at www.calbar.ca.gov and follow the instructions for filing a complaint.
Would you like additional help with any part of this process?
Yes please
Sure, ****! To further assist you, here are detailed steps for writing your formal letter and filing a complaint:
*. Formal Request for a New Attorney:
- Make sure your letter includes all the relevant information (your name, case number, specific instances of dissatisfaction).
- Print and sign the letter.
- Submit it to the judge handling your case either by mail or in person at the court.
*. Filing a Complaint with the California State Bar:
- Call the California State Bar at *-*-*-* for guidance.
- Visit [www.calbar.ca.gov](https://www.calbar.ca.gov) and follow the online instructions for filing a complaint.
Would you need any additional assistance with drafting the letter or understanding the complaint process?
What is case law
Case law, also known as judicial precedent or common law, is law established by previous court decisions. It guides judges in future cases with similar facts or legal issues. In summary:
- Derived from judicial decisions
- Provides guidance for future cases
- Often used to interpret statutes and regulations
Would you like more information on how case law might apply to your situation?
Yes
Sure, ****. Case law can be helpful in your situation as it may provide precedents where courts ruled in favor of defendants in similar situations. To understand how case law might benefit you:
- Research Relevant Cases: Look for cases involving Estes robbery where evidence or witness credibility was disputed.
- Cite Precedents: Your attorney can use these cases to argue for your innocence or highlight procedural errors.
- Legal Journals and Databases: Utilize resources like Westlaw, LexisNexis, or public legal libraries.
Would you like help finding specific case law examples or resources to start your research?
Yes
Hi ****,
To assist you with finding specific case law examples for your situation, here are some steps:
*. Legal Databases: Utilize resources like Westlaw, LexisNexis, or FindLaw to search for cases involving Estes robbery and disputes over evidence or witness credibility.
*. Public Legal Libraries: Visit a local law library for access to legal texts and case law databases.
*. Consult Legal Experts: Consider reaching out to a law school or legal aid organization for guidance.
Would you like specific instructions on how to use any of these resources?
Yes
Sure, ****! Here's how you can utilize these resources effectively:
*. Westlaw/LexisNexis:
- Create an account or use a library with access.
- Use search terms like "Estes robbery" and "evidence dispute" to find relevant cases.
*. FindLaw:
- Visit www.findlaw.com.
- Search for similar cases by entering keywords like "Estes robbery" and "California."
*. Public Legal Libraries:
- Visit your local law library.
- Ask the librarian for assistance with finding case law related to your issue.
Would you need more detailed guidance on any specific resource?
What is exculpatory evidence
Exculpatory evidence is any information or material that can exonerate a defendant in a criminal case. This type of evidence might show that the defendant is not guilty or cast doubt on their guilt. Examples include:
- Witness statements that contradict the prosecution's case.
- Physical evidence proving the defendant's innocence.
- Surveillance footage supporting the defendant's alibi.
Would you like to know how to request exculpatory evidence in your case?
Yes please
To request exculpatory evidence in your case:
*. Discovery Motion: Your attorney can file a motion for discovery to compel the prosecution to provide all evidence, including exculpatory evidence.
*. Brady Request: Request under the Brady Rule for the prosecution to disclose any exculpatory evidence.
Would you like more detailed instructions on either of these steps?
Yes please
Sure, ****. Here are detailed steps to request exculpatory evidence:
Discovery Motion
*.
Consult Your Attorney: Discuss the need for exculpatory evidence.
*.
Draft a Motion: Your attorney will draft a motion requesting all evidence, including exculpatory evidence.
*.
File the Motion: Submit the motion to the court.
Brady Request
*. Prepare a Request: Your attorney can draft a formal request under the Brady Rule.
*. Submit to Prosecution: Send the request to the prosecutor handling your case.
Would you like help drafting these documents or more details on the process?
Yes
Certainly, here's how you can proceed:
*. Discovery Motion:
- Consult Your Attorney: Ensure your attorney understands the importance of obtaining all evidence.
- Draft a Motion: Have your attorney draft a motion specifically requesting all evidence, including any exculpatory evidence.
- File the Motion: Your attorney will submit this motion to the court.
*. Brady Request:
- Prepare a Request: Your attorney should draft a formal request under the Brady Rule, which mandates the prosecution to disclose any exculpatory evidence.
- Submit to Prosecution: This request should be sent to the prosecutor handling your case.
Would you like help with drafting the specific language for these requests?
It's on record a lot that there was video footage. Now they say there isnt
****, it sounds like the missing video footage is crucial for your defense. Here are steps you can take:
*. Discovery Motion:
- Consult your attorney to emphasize the importance of obtaining all evidence.
- Draft a motion specifically requesting all evidence, including video footage.
- File the motion with the court.
*. Brady Request:
- Prepare a formal request under the Brady Rule for the prosecution to disclose any exculpatory evidence, including the video footage.
- Submit this request to the prosecutor.
Would you like help with drafting the specific language for these requests?
I'm not sure if my state appointed lawyer did those things or not but supposedly he did and they're saying there's no video still
Given the importance of the video footage and the possibility of its existence, it’s crucial to press further. Here are a few steps you can consider:
- Follow-Up Motion: Have your attorney file a follow-up motion emphasizing the importance of the video footage and questioning its sudden disappearance.
- Subpoena: Consider subpoenaing Home Depot for all records related to the incident, including video footage.
- Investigate: Look into investigating the loss prevention officer’s work history if it is relevant to your case.
Would you like help drafting a follow-up motion or subpoena?
Yes
Sure, ****. Here’s how to draft a follow-up motion and subpoena:
Follow-Up Motion
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Honorable [Judge’s Name]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: Follow-Up Motion for Discovery
Case Number: [Your Case Number]
Dear Judge [Judge’s Last Name],
I am writing to request a follow-up motion for discovery in my Estes robbery case. Despite previous motions, the prosecution claims that crucial video footage no longer exists. This footage is vital to my defense. I respectfully request the court to compel the prosecution to provide all evidence, including any video footage.
Thank you for your consideration.
Sincerely,
[Your Name]
Subpoena
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Recipient’s Name]
[Home Depot's Address]
[City, State, ZIP Code]
Re: Subpo
Subpoena for Records and Video Footage
Dear [Recipient’s Name],
Pursuant to the authority vested in me by law, you are hereby commanded to produce and permit the inspection and copying of the following documents and materials related to the incident on [Date of Incident] at the Home Depot located at [Store Location]:
*. All video footage from the date and time of the incident.
*. Incident reports and logs.
*. Employment records of the loss prevention officer involved.
*. Any other documents or evidence related to the incident.
These materials must be provided by [Deadline Date] to [Your Attorney's Name] at [Attorney's Address].
Failure to comply with this subpoena may result in legal penalties.
Sincerely,
[Your Name]
Would you like any additional guidance on submitting these documents?
Home Depot has a lot of cameras right there. All right I have a feeling that they're hiding it on purpose because they obviously saw I know that that dude attack me lied to the cops and kicked my car now off and somehow they would be responsible to pay me or something that's true
****, it sounds like you have legitimate concerns regarding the missing video footage and the actions of the loss prevention officer. Here are your next steps:
*. Follow-Up Motion:
- Consult Your Attorney: Ensure they understand the importance of this footage and emphasize its relevance to your defense.
- Draft the Motion: Use the template provided earlier to request the court to compel the prosecution to provide all evidence, including the video footage.
- File the Motion: Have your attorney submit this motion to the court.
*. Subpoena Home Depot:
- Draft the Subpoena: Use the provided template for subpoenaing Home Depot for all records related to the incident.
- Serve the Subpoena: Ensure it is served to Home Depot by your attorney or appropriate legal authority.
Would you like help with anything else related to your case?
Can't I sue home Depot for what is happening to me cuz I went to jail and had to bail out as my job
****, you may have grounds to sue Home Depot if you can prove they acted negligently or maliciously. Here are some potential claims:
- False Imprisonment: Detaining you without proper cause.
- Defamation: If false accusations harmed your reputation.
- Malicious Prosecution: If they knowingly provided false information leading to your arrest.
Would you like more information on how to pursue a civil lawsuit?
Yes
****, here's a brief overview of how to pursue a civil lawsuit against Home Depot:
- Consult a Civil Attorney: Find an attorney experienced in false imprisonment, defamation, or malicious prosecution cases.
- Gather Evidence: Collect all evidence, including documents, witness statements, and any communications.
- File a Complaint: Your attorney will draft and file a complaint detailing your claims and the damages you seek.
- Proceed with Litigation: Be prepared for depositions, discovery, and possibly a trial.
Would you like help finding legal representation or more details on any of these steps?
Cant the loss prevention guy be in trouble for lying to police
Yes, the loss prevention officer could face legal consequences for lying to the police. Here are some relevant points:
- Perjury: If they knowingly made false statements under oath.
- Obstruction of Justice: If their lies interfered with the investigation.
- Defamation: If their false statements harmed your reputation.
Would you like more information on how to report this or steps to take next?
Yes
****, here are the steps you can take to report the loss prevention officer for lying to the police:
*. File a Police Report:
- Report the false statements to the police department handling your case.
- Provide all relevant details and any evidence you have.
*. Contact the District Attorney:
- Inform the DA about the perjury or obstruction of justice.
- Request that they investigate the officer’s conduct.
*. Consider Civil Action:
- Consult with a civil attorney about filing a defamation lawsuit against the officer.
Would you like more detailed guidance on any of these steps?
Yes
****, here are detailed steps to report the loss prevention officer for lying to the police:
*. File a Police Report:
- Visit the police department handling your case.
- Clearly state that you want to report false statements made by the loss prevention officer.
- Provide all relevant details, including dates, times, and any evidence supporting your claim.
*. Contact the District Attorney:
- Write a formal letter or schedule a meeting with the DA's office.
- Explain the situation and provide any evidence of perjury or obstruction of justice.
- Request an investigation into the officer's conduct.
*. Consider Civil Action:
- Consult a civil attorney about the possibility of filing a defamation lawsuit.
- Gather all evidence of harm to your reputation, such as job loss or other damages.
Would you like help drafting the letter to the District Attorney or finding a civil attorney?
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