Summary
Heather Joan Lund faces serious felony charges in Indiana, including dealing and possessing controlled substances and neglect of a dependent. Given the severity of the charges, it is highly advisable to seek legal representation. If you cant afford an attorney, you may be eligible for a public defender. Potential Fourth Amendment violations, such as a delayed search warrant and extended detention, could impact your case. Document all attempts to contact your public defender and consider filing a Motion for Substitution of Counsel if they are unresponsive.Full Conversation
Public defender
Given the serious nature of the charges, it's crucial to have legal representation.
In Indiana, if you can't afford an attorney, you may be eligible for a public defender. Have you applied for a public defender yet, or do you need assistance in doing so?
They didn't have a search warrant and I was held for * hours before seeing a judge
Given the circumstances—no search warrant and being held for * hours before seeing a judge—there are potential violations of your Fourth and Sixth Amendment rights. These issues could significantly impact your case.
You should discuss these details with your public defender. Have you had a chance to raise these points with your attorney yet?
Yes
The lack of a search warrant and the extended detention could be significant violations. These issues might be grounds for a strong defense.
Since you've already discussed these points with your public defender, continue to gather any documentation that supports your claims. It might be beneficial to keep a detailed record of all interactions and events related to your arrest and detention.
Is there any other specific information or advice you are seeking regarding your case?
They obtained a search warrant 3 days after the search took place
The fact that the search warrant was obtained three days after the search could be a significant violation of your Fourth Amendment rights. Here are key points:
- Fourth Amendment: Protects against unreasonable searches and seizures.
- Exclusionary Rule: Illegally obtained evidence can be excluded from trial.
- Timeliness: Warrants should be obtained before the search.
Have you asked your public defender about filing a motion to suppress the evidence gathered from the search?
They filled a motion for lemineme
A motion in limine aims to exclude certain evidence before the trial begins. Given the potential Fourth Amendment violations, here are your next steps:
- Confirm with your public defender that the motion in limine addresses the evidence obtained from the search.
- Discuss the possibility of filing a motion to suppress the evidence due to the delayed search warrant.
Do you need more details on how motions in limine work?
Their is also video footage of them going in my house with out warrant and a week before hand two cops walked up out of the dark and never announced them selfs as officers and then the hit my cameras with a stick and broke in my back door with out a warrant and left nothing saying they were legaly their
Your situation involves substantial potential violations of your Fourth Amendment rights. Here are key points to consider:
- Video Evidence: This footage can be crucial in demonstrating unlawful entry and misconduct.
- Fourth Amendment Violations: Unannounced entry and breaking into your home without a warrant are serious issues.
Have you shared this video evidence with your public defender?
He will not call me back
Given the seriousness of the potential Fourth Amendment violations, it's crucial to ensure your public defender is fully aware of all details. Here are some steps you could take:
- Document Attempts: Keep records of all attempts to reach your public defender.
- Contact Public Defender's Office: Call the office directly and explain the urgency.
- Court Motion: Consider filing a motion with the court to address your public defender's unresponsiveness.
Would you like more information on how to document your attempts or how to file a motion?
Yes
Here are some steps to help you document your attempts and file a motion:
Documentation:
-
Keep Records: Note the date, time, and method of each attempt to contact your public defender (phone call, email, etc.).
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Save Correspondence: Keep copies of any emails, texts, or letters sent to your public defender.
Filing a Motion:
- Motion for Substitution of Counsel: This can be filed if your public defender is unresponsive. It requests the court to appoint a new attorney.
- Court Filing: Visit the court clerk’s office to file the motion. You may need to fill out specific forms and provide a detailed explanation.
Would you like more details on how to file a Motion for Substitution of Counsel?
Yes
Here’s how to file a Motion for Substitution of Counsel:
- Prepare the Motion: Draft a motion stating your current counsel's unresponsiveness and request for a new public defender. Include specific examples and dates.
- Court Forms: Obtain the necessary forms from the court clerk’s office.
- File the Motion: Submit the completed forms and your motion at the court clerk’s office.
- Hearing: You may need to attend a hearing where the judge will decide on your request.
Would you like assistance drafting the motion?
The cops claimed I robbed one of their houses when they didn't find their belongings because their claim is invalid they charged me with bogus alagations and broke my rights
Given the potential Fourth Amendment violations and the serious nature of your charges, this could be a strong case for legal defense.
Here’s how to draft a Motion for Substitution of Counsel:
- Title: "Motion for Substitution of Counsel"
- Introduction: Clearly state your identity and case details.
- Body:
- Describe your attempts to contact your public defender and their lack of response.
- Mention specific dates, times, and methods of contact.
- Detail why you need a responsive attorney, focusing on the seriousness of your charges and potential violations of your rights.
- Conclusion: Request the court to appoint a new public defender.
Would you like a template or further details on any specific section?
They arrested me on the 21st and didn't start my * hour hold until the 22d and I seen a judge the 25th
Your case involves multiple potential violations of your rights, including delayed detention and issues with the search warrant. Here’s a simple template for your Motion for Substitution of Counsel:
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Motion for Substitution of Counsel
Introduction:
I, [Your Name], am the defendant in case number [Case Number] currently pending in [Court Name].
Body:
- I have repeatedly attempted to contact my appointed public defender, [Public Defender’s Name], without success.
- Specific dates and methods of contact:
- [Date]: [Method: phone/email]
- [Date]: [Method: phone/email]
- These attempts have been unsuccessful, leaving me without proper legal representation.
- Given the serious charges against me and potential Fourth Amendment violations (e.g., delayed detention, unlawful search and seizure), I require a responsive attorney to adequately defend my case.
Conclusion:
I respectfully request the court appoint a new public defender to ensure my right to effective legal representation.
Signature:
[Your Name]
[Date]
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Would you need more details on how to present this motion in court?
Yes
Here’s how to present your Motion for Substitution of Counsel in court:
Steps to Present the Motion:
*. Prepare Copies: Make several copies of your completed motion.
*. File the Motion: Go to the court clerk’s office, submit the original motion, and ask for a file-stamped copy for your records.
*. Request a Hearing: Ask the clerk to schedule a hearing for your motion.
*. Attend the Hearing: Be prepared to explain your situation to the judge. Bring all documentation of your attempts to contact your current public defender.
Would you like more details on what to expect during the hearing?
No I'm going to try this
Great, it sounds like you have a solid plan. Make sure to gather all your documentation and present your case clearly to the judge. Good luck, and don't hesitate to seek further legal advice if needed.
Thank you
Given the serious nature of the charges and the multiple potential violations of your rights, it's crucial to proceed with the motion for substitution of counsel. Best of luck, and I hope your efforts lead to a fair trial. If you need more assistance, feel free to reach out.
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