How do you fight charges against you, when there is no evidence, no DNA, no court date and constantly transferring someone to different facilities?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do you fight charges against you, when there is no evidence, no DNA, no court date and constantly transferring someone to different facilities?

He has been incarcerated for 1 year and 2 months and has not gone to court, now they want to charge him with a new case to keep him locked up. Can they do that? He has a public defender but nothing is being done.

Asked on August 27, 2013 under Criminal Law, Georgia

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 10 years ago | Contributor

South Carolina has a slow court system. That is where I practice and I cannot tell from this web site if your question pertains to my state or not. As far as bringing a new case, yes, they can always charge someone just like they were not incarcerated. Its the same process, requiring Probable Cause, Arrest Warrant or Indictment, etc. I don't know anything about the case, so I don't have very much to give you. Although I agree with the other attorney who recommended a second opinion. The only other thing I can tell you is that on cases I've had in the past where a long time past with nothing happening, I've filed a Motion to Dismiss for Failure to Prosecute. That will usually get something done.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 10 years ago | Contributor

Hello. You may obtain a 'second opinion' from another attorney. Do contact an attorney licensed in the appropriate state (I am licensed in Minnesota - no other state) who will be happy to assist. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.

 

 

 

TRICIA DWYER, ESQ.

 

Tricia Dwyer, Esq & Associates PLLC

 

Phone: 612-296-9666

 

dwyer.tricia@gmail.com

http://dwyerlawfirm.net

CRIMINAL DEFENSE LAW

MINNESOTA LICENSED


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption