Summary
It appears you are dealing with a weapons under disability case in Ohio. Your lawyers absence from court and another lawyers attempt to negotiate a plea deal without your attorney present are concerning. Misidentification by an officer could weaken the prosecutions case but may not lead to immediate dismissal. Additionally, your lawyer should have filed a motion to compel discovery for car and body cam footage if it was not provided. If you cant find any paperwork indicating such a motion, it may raise questions about your lawyers diligence. Consider discussing these issues with your attorney or seeking a second opinion.Full Conversation
I have a few questions about my case that just doesn't make sense to me. I'm looking for some answers that I can understand
Hello Brian, I'd be happy to help clarify any legal issues you're facing. Could you please provide some specific details about your case? Also, could you let me know where you are located, as legal regulations can vary by region?
I live in Youngstown ohio. My brother and I received a weapons under disability case. We are both being tried on the same case. We have separate representation. One of our attorneys is court appointed. One is hired. Our cases are being tried separately. But our court dates are usually on the same day. Just different times.
Hello Brian, it seems like you're seeking clarity about your case. Is there a particular aspect you're confused about? For instance, the reason behind the separate trials, or why the court dates are scheduled as they are?
On * different occasions my lawyer did not show to court. My brothers lawyer tried to get me to take a plea deal and sign paperwork without me advising with my attorney.
I'm sorry to hear about your situation, Brian. Your lawyer's behavior seems unprofessional. In Ohio:
- Lawyers are expected to attend all court dates unless excused.
- It's unethical for another lawyer to negotiate a plea without your lawyer's presence.
You may consider filing a complaint with the Ohio State Bar Association.
Another question I have is about officer on stand under oath during my hearing was asked is the man standing here with the bald head and red shirt Jack (who is my brother) and the officer said yes that is him. Pointing to me. Should my lawyer have tried to have the case dismissed?
It seems like there was a misidentification. Your lawyer could have challenged it. However, dismissal isn't guaranteed and depends on other evidence. In Ohio, misidentification isn't ground for immediate dismissal, but it could potentially weaken the prosecution's case.
There were originally * men on this case. When we were all arrested one man had claimed the weapons. Later he changed his statement. Shouldnt my lawyer petition for the car and body cams to help my case?My lawyer said the judge wouldn't let him get them which is confusing to me. I can't find any paperwork on him filing for them
That does sound confusing, Brian. It would be helpful to review all available evidence. In Ohio, your lawyer can request discovery items, including car and body cam footage. Did your lawyer give a reason why the judge wouldn't allow it?
No. He just told me the judge wouldn't let him get them. But going thru all the paperwork I could not find any paperwork of him petitioning for the evidence
I'm sorry to hear about your confusion, Brian. In Ohio, usually, the attorney should file a motion to compel discovery if the prosecution doesn't provide the requested evidence. If you can't find any such motion, it might raise questions about your lawyer's actions.
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