Greetings Members of the group,
I am attaching a Motion filed early last month. This motion was filed as a strategic move to preserve issues for reconsideration on Appeal if it were to become necessary.
My intent to file this Motion prompted my pro bono attorney representation to file a Motion to Withdraw Counsel because he believed he could no longer represent me due to conflict with "State Bar Rules of Professional Conduct". In a nutshell, this means he could not represent me if I wanted to file a Motion - ANY Motion. The attorney is "in charge" of the process.
If you want to assert your Rights, you must be willing to
Stand alone. A represented "person" generally does not have "Standing".
In our discussions regarding my intent to file my Motion, the attorney indicated that the prosecution had made an offer to conditionally dismiss their case against me. The terms of the dismissal were: no fines, no penalties, no court costs - I would have to agree not to get arrested for one year. I asked if I could leave the state (thereby avoid the possibility of getting arrested - in that state). The answer was - yes.
I informed him that I believed I still had to file my Motion to preserve the issues in an Appeal if I needed them.
His Motion prompted a Hearing so the Judge could decide whether or not he would allow the attorney to withdraw "counsel".
This Hearing was "off the Record" so both the Judge and I could have a frank discussion without concern for the implications of "words in the air" so to speak (what it means when there is no Record). I had my Motion prepared, printed and signed. I told the Judge I wanted to file the Motion to preserve issues for an Appeal if it became necessary but I preferred to keep counsel for the trial.
of this Hearing was a win for me. The Judge permitted me to file the Motion directly - in that Hearing (an unusual event as far as I know) and he did not allow the attorney to withdraw from counsel.
In my view the purpose of having attorney representation is so they can speak to the prosecution on my behalf. If I spoke to them, that would be ex parte and therefore unethical.
The next day I accepted (through my attorney) the prosecutions offer for conditional dismissal.
This Motion is provided for the purposes of further study for those of you who want it. It is not intended to be a usable template unless you have already done some of the other "groundwork", like filing Notices of Complaint and Notices of Default
mentioned in this Motion.
The purpose of the Notices is to prepare for adjudication in federal court and ultimately the Supreme Court. In this case this is likely unnecessary.
I have another Trial on Tuesday for unrelated charges that were filed before the agreement mentioned above was struck. The outcome of this Trial allegedly has no bearing on the agreement made to conditionally dismiss the case related to this Motion.
The way I see the drama: "Be of sober spirit, be on the alert. Your adversary,
the devil, prowls around like a roaring lion, seeking someone to devour." 1 Pet. 5:8
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