Marsden Hearing:
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Request: Inform the judge in court that you want to file a Marsden motion.
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Hearing: During the hearing, provide specific examples of inadequate representation.
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Outcome: The judge will decide whether to appoint a new attorney.
Complaint to California State Bar:
- Website: Visit the California State Bar's website.
- Form: Fill out the complaint form with detailed information about your attorney's conduct.
- Investigation: The State Bar will investigate your complaint.
Is there anything else you need more information on or help with?
So is the Garcia case considered case law? What other case law references are there
Yes, the Garcia case is considered case law, as it sets a precedent in California regarding the dismissal of charges due to lost or destroyed evidence affecting the defense. Other relevant case law references include:
- Brady v. Maryland: Requires the prosecution to disclose exculpatory evidence.
- Arizona v. Youngblood: Discusses the preservation of potentially exculpatory evidence.
Is there any specific information you need about these cases?
We're the cases dismissed
Hi ****! In the case of "People v. Garcia," the charges were dismissed due to the loss or destruction of evidence that affected the defense. In "Brady v. Maryland," failure to disclose exculpatory evidence can lead to dismissal. However, each case is unique. Have you discussed these cases with your attorney or considered seeking a second opinion?
Nobody i can talk too except you
****, if you're facing challenges with your current attorney, you might want to consider the following steps:
- Seek a Second Opinion: If possible, consult another attorney for advice on your case.
- Legal Aid Services: Look for local legal aid organizations in Orange County, CA, that might provide free or low-cost legal assistance.
Would you like more information on finding legal aid services in your area?
Can you help me find a good lawyer who is not super expensive
****, here are a few suggestions for finding a good lawyer who is affordable in Orange County, CA:
- Orange County Bar Association: They have a lawyer referral service that can help you find an attorney within your budget.
- Legal Aid Society of Orange County: They offer free or low-cost legal assistance to those in need.
Would you like more information on either of these options?
Can I ask the judge to dismiss a case
****, you can ask the judge to dismiss the case if you believe the loss of exculpatory evidence (like the video) significantly impairs your defense. Here are some steps:
- File a motion to dismiss based on the loss of evidence.
- Cite relevant case laws like "People v. Garcia" and "Brady v. Maryland."
Would you like more details on how to file this motion?
Yes
Sure, ****. Here's how to file a motion to dismiss your case:
- Draft the Motion: Clearly state the loss of exculpatory evidence and how it impairs your defense.
- Cite Case Law: Include references to "People v. Garcia" and "Brady v. Maryland."
- Submit the Motion: File it with the court handling your case.
- Hearing: Attend the hearing where the judge will consider your motion.
Would you like more assistance with drafting the motion?
Yes
****, here's a simple outline to help you draft your motion to dismiss:
*. Title and Introduction:
- Title: "Motion to Dismiss"
- Introduction: Briefly state your name, case number, and the purpose of the motion.
*. Statement of Facts:
- Detail the loss of the exculpatory video evidence.
- Explain how this evidence was crucial to your defense.
*. Legal Basis:
- Cite "People v. Garcia" and "Brady v. Maryland."
- Explain how the loss of evidence impairs your right to a fair trial.
*. Conclusion:
- Request the dismissal of charges based on the above points.
- Include a statement asking for a hearing on the motion.
Would you like more detailed help with any specific part of the motion?
I bring it to the judge on my court date or before
****, you should file the motion to dismiss before your court date to give the judge and prosecution time to review it. Submit it to the court clerk's office and ensure you keep a copy for yourself. Would you like any more guidance on this process?
Yes
****, here's a step-by-step guide to filing your motion to dismiss before your court date:
*. Draft the Motion: Follow the outline provided earlier.
*. File the Motion:
- Visit the court clerk's office.
- Submit your motion and any supporting documents.
*. Notify the Prosecution: Ensure the prosecution receives a copy of your motion.
*. Keep a Copy: Retain a stamped copy for your records.
Would you like more assistance with any specific part of this process?
I have to give copy to prosecution at same time as judge
****, when you submit your motion to dismiss to the court, make sure to provide a copy to the prosecution at the same time. It's important to ensure both the judge and the prosecution have the documents concurrently. Do you need help with drafting the documents or any additional questions?
Yes
****, here's a brief guide to ensure both the judge and the prosecution receive your motion to dismiss:
*. Draft the Motion: Ensure it follows the provided outline.
*. Make Copies: Prepare multiple copies of the motion.
*. File with Court Clerk: Submit the original to the court clerk.
*. Serve the Prosecution: Deliver a copy to the prosecution, either by mail or in-person.
*. Proof of Service: Attach a proof of service to your motion, showing the prosecution received it.
Would you like specific help with drafting any part of the documents?
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