Criminal Case Dismissal Possibility

Summary

If there are significant errors in the police report and inadequate representation by public defenders, you may have grounds for dismissal or a claim in Arizona. Consider filing a motion to dismiss or appeal based on these issues. Self-surrendering could demonstrate good faith. Seek pro bono legal assistance and consider filing a complaint with the Arizona State Bar against your public defenders. Legal malpractice claims may be possible if their actions negatively impacted your case. Document all evidence and consult a pro bono attorney for guidance.

Full Conversation

Well I’m not sure where to begin but most important thing would be to see if if my criminal case has the possibility of being dismissed due to many errors and lies that were on the police report as well as problems I had with the service of representation I received from both my public defenders there is much to explain as well as a few different details that I would like to point out To see if I have a case for dismissal and a claim against the public defenders who did nothing for me but make me lose any chance of beating my case for aggravated dui
You may have a strong case for dismissal if there were significant errors and falsehoods in the police report, as well as inadequate representation by your public defenders. Errors in the police report can undermine the prosecution’s case, and ineffective counsel can be grounds for appeal.
What state or jurisdiction is your case in? Specific rules and procedures vary by location.
In Arizona
You may have grounds for dismissal or a claim if you can prove significant errors in the police report and inadequate representation by your public defenders. In Arizona, you could file a motion to dismiss or appeal based on these issues. Have you already filed any motions or complaints regarding your case?
Honestly i haven’t I don’t know what first step to take reason being I am currently a fugitive after failing to appear the day I would have been sentenced and taken into to custody of az doc because at the time I had * minor daughters that for nothing was I going to leave to fend for themselves in a harmful and violent household I never got a fair opportunity to tell my side of what really happened due to all the injustice I went through due to my spouse, the phoenix police department as well as the * public defenders that did nothing for me besides lose any hope of a dismissal after my public defender came up with the bright idea of having me lie to the judge about me not having prior felony convictions even after I told her I did have prior felony conviction but nothing recent she said oh you do have priors I said yes she then proceeded to tell me are you sure because I ran you through the system and nothing came up so I told her well do you think it could be because it was a federal case and she said no it doesn’t matter if it’s state or federal because both systems run together so from there before going into the court room she said well since nothing is coming up we’re going to say you don’t have prior convictions when they asked right as soo. As court started that was the first question asked and me doing what she said thinking she knew what was best for my case I said no the prosecutor instantly responded something in the manner of I was lying and if I’m not mistaken the plea was rejected
Ortensia, your situation is quite serious. Here are some steps you can consider:
- Contact an Attorney: Seek legal counsel immediately, preferably a criminal defense attorney with experience in handling post-conviction relief and ineffective assistance of counsel claims.
- Surrender: Voluntarily surrendering may demonstrate good faith and could potentially work in your favor.
- File a Motion: With your attorney, explore filing a motion to vacate the conviction or a motion for a new trial based on ineffective assistance of counsel.
Would you like information on contacting a criminal defense attorney in Arizona?
Thank you for your help but I’m a bit confused I had read a post conviction was when a person was already sentenced and incarcerated that’s when the post conviction come into play also the ineffective counsel I would like to name both my public defenders the second defender was just as bad as the first one didn’t want to hear or see pictures of the damage done to the vehicle I was in not even after I told him I wanted to go to trial to get the chance to clear up the lies of the officer and the supposedly victim of the other vehicle he told me look I’m going to be honest with you it’s not to your convenience to go to trial because if you lose your facing the maximum I told him about the action of the 1st public defender as well as the police he then said trial is not a good idea your going to lose the jury is going to see you as a liar because that’s how the prosecutor is going to make you out to be he said they are going to say you lied once about having priors why would they believe anything you say this time around
Ortensia, post-conviction relief typically applies after sentencing and incarceration, but ineffective counsel can be argued both pre- and post-conviction.
Consider these steps:
- Consult an Attorney: Seek immediate legal advice.
- File a Motion: You may file a motion for a new trial or to vacate the conviction due to ineffective counsel.
Would you like help finding an attorney in Arizona?
Yes I would please but the problem with that would be I have nothing to put down I haven’t worked a stable job ssince * for fear of being picked up self surrender is what I had in mind now that my daughters are * and 14 years of age i also seen how to make a complaint to the state bar against both public defender
Given your situation, here are some steps you can consider:
- Self-Surrender: Demonstrates good faith and might positively impact your case.
- Seek Pro Bono Legal Help: Many attorneys and organizations offer free legal assistance.
- File a Complaint: You can file a complaint against your public defenders with the Arizona State Bar.
Would you like assistance in finding pro bono legal services in Arizona?
And woukd like to look into filing a lawsuit against them as well I was wondering if the actions of my defender fall into the category of perjury knowing and being well aware of prior convictions once I informed her I did have priors she still plotted the be dishonest and withhold information from the court thinking they would do the same
Ortensia, the actions of your defender do not fall under perjury, which involves lying under oath. However, you may have grounds for a lawsuit based on legal malpractice or ineffective assistance of counsel.
Would you like more details on finding pro bono legal services in Arizona to help with your case?
Yes please and also I would like to mention one more thing if it’s ok with w
Sure, Ortensia! Feel free to mention anything else you think is important.
~Arizona Legal Aid~
Phone: (*) *-*
Website: www.azlawhelp.org

Would you like more information on how to proceed with filing a lawsuit against your public defenders?
So remember I mentioned the officer reported false information on the report as well as errors that no one wanted to take the time to see that didn’t add up to begin with my husband and I were going west bound on 20th st and broadway when he was in the middle lane to turn left the other driver was going east bound he was still a safe distance away as we were turning but speed up resulting in him crashing into the rear passenger side causing major damage to the rear of the truck after the impact we spun out and were facing east bound the driver of the other car was a male he stopped and asked us if we were ok and we said yes from there he left the scene and returned a while later with a female claiming to be driver it took police over * hours to arrive to the scene my husband flees the scene as well police finally arrive so after all was done and over with I had court and seen my paperwork the truck was registered to my daughter who also had arrived at the scene way before officers got there reading the report in the area for suspect description was listed all my daughters information including drivers license information residential information nothing had my information listed the only thing that was listed was a page saying this is to fix the error in suspect information never did I see pictures of the other vehicle nor damage and the statement she gave does not make sense
Ortensia, your situation sounds complex and concerning. Here are some steps you can take:
- Seek pro bono legal assistance immediately to help navigate your case.
- Consider filing a motion to challenge the police report's inaccuracies and your representation.
- Self-surrender might still be a beneficial step to show good faith.
~Arizona Legal Aid~
Phone: (*) *-*
Website: www.azlawhelp.org

Would you like more details on how to proceed with filing a lawsuit against your public defenders?
Yes please if you can
Here are the steps to proceed with filing a lawsuit against your public defenders:
- Consult an Attorney: Seek legal advice from a pro bono attorney.
- File a Legal Malpractice Claim: This can be done based on ineffective assistance of counsel.
- Document Everything: Gather all evidence and documentation related to your case.
Would you like more information on how to start the process of filing a legal malpractice claim?
Yes please
Ortensia, here are the steps to start the process of filing a legal malpractice claim:
- Consult an Attorney: Seek legal advice from a pro bono attorney.
- File a Legal Malpractice Claim: This requires proving your public defenders' actions negatively impacted your case.
- Document Everything: Collect all relevant documents and evidence.
Would you like me to help find additional resources for pro bono legal services in Arizona?
I think I should be good with all the information you given me already now I have an idea on which steps to take first thank you very much you are very much appreciated
I'm glad I could help, Ortensia! If you need more assistance in the future, don't hesitate to reach out. Take care and best of luck with your case.
Thank you
I'm glad I could assist you, Ortensia. Your situation indeed sounds complex, but taking the steps we've discussed should guide you in the right direction. Don't hesitate to seek more help if needed. Best of luck!