Violation Of Speedy Trial

Summary

If your attorney waived your right to a speedy trial without your consent, it could be a violation of your 6th Amendment rights. In Iowa, you can request a new public defender if you are dissatisfied with your current one. Write a letter to the court explaining your reasons, including your case details, and send it to the courts address. Keep a copy for your records. Consult another legal expert for a detailed analysis.

Full Conversation

I was charged with a felony (Possession of marijuana, 3rd offense) & a misdemeanor on */*/*. My court appointed attorney waived my right to a speedy trial without discussing it with me & without my consent. In fact via my one very short phone call with my attorney I advised him that I DID NOT wish to waive my right to a speedy trial. He also filed an arrainment on my behalf without discussing it with me & without my review & consent. Is this legal & if not, have my rights been violated?
Hello **** ****,
I need to know your location to provide accurate information. Generally, it's crucial that a lawyer seeks their clients' input before making significant decisions. However, legal specifics may vary depending on your location.
Fort Dodge, Iowa
Hello ****,
In Iowa:
- Lawyers should generally seek client approval before making decisions.
- Not getting client consent can potentially violate rights.
However, specific circumstances can affect this. You should consider seeking another legal opinion.
I am, that's why I'm talking to you.
Great, ****. If you feel your rights have been violated, you may file a complaint with the Iowa State Bar Association. Also, consider getting a second opinion from another attorney. Remember, this doesn't constitute official legal advice but is meant to guide you.
My pretrial conference was this last Monday, jury trial scheduled for */*/*. I was offered a plea deal not in my favor. I didn't sign it, i told my attorney i wanted to think about it.
Hi ****, Is there a specific question you have regarding the plea deal or the upcoming trial? This will help me provide the most relevant information.
What if I'm still unsure weather i want to accept the plea deal by my jury trial date?
Hi ****,
In Iowa, you generally have up to the day of trial to accept a plea deal. However, the offer might be withdrawn at any time. It's crucial to communicate with your attorney about your decision.
My attorney is a PD & unavailable to me to discuss anything.
Hi ****, I understand your situation. Are you considering changing your Public Defender or seeking help from a private attorney? It could be beneficial for your case.
I would like to, but was unsure if i could do that.
Hi ****, yes you can. In Iowa, you have the right to change your Public Defender if you're unsatisfied with their service. However, you may need to provide a valid reason. Are you aware of how to proceed with this?
No
Hi ****, in Iowa, you can submit a request to the court to change your public defender. You'll need to explain your reasons. Would you like information on how to submit this request?
Yes please
Sure, ****.
*. Write a letter to the court explaining your dissatisfaction with your current attorney and your wish to change.
*. Include your case name, number, and the judge's name.
*. Send it to the court's address.
Please remember to keep a copy for your records.
My attorney waived my right to a speedy trial after i specifically asked him not to do that, is this a valid reason to request another a attorney?
Yes, ****. In Iowa, if you feel your attorney acted against your expressed wishes and it's affecting your case, it is typically considered a valid reason to request a new attorney.
Would this be considered a violation of my 6th amendment right?
Yes, ****. The 6th Amendment guarantees the right to a speedy trial. If your attorney waived this right without your consent, it could potentially be seen as a violation. However, you should consult another legal expert for a detailed analysis.