QUESTION

How can we get evidence gathered and how do we add co-counsel?

Asked on Jul 08th, 2014 on Criminal Law - Utah
More details to this question:
We are going to trial next month. My friend has been incarcerated since April awaiting this trial. We have a lawyer, but it seems he does nothing but show up at court dates and pushes the trial dates then gives my friend's wife a list of things he needs done. He has not visited my friend since he was moved from the county jail and only sees him for a minute before court to tell him he can't talk to him because other people may overhear their conversation. His wife has gathered all of the information, documents, etc. that the lawyer is using. Both my friend (the defendant) and his wife have informed the lawyer about evidence that could clear him and make this case not have to go through a trial. The lawyer has not requested or gathered any of it, telling my friend's wife that he has other papers he has to file and asks her to see what she can do about gathering these things. The information being requested cannot be gathered by her, she has been trying since April. What options do they have as far as getting the information/documents? We have researched and see that there is a "motion to produce exculpatory and mitigating evidence", but it looks to me like that is used when the prosecution has not provided evidence, is that correct? Also, they are wanting to add another lawyer as co-counsel, do they have to do anything other than hire the other lawyer or do the lawyers handle that paperwork? Sorry, a lot of questions, we have put countless hours into this and feel as though we are the only ones working on this. If there is something else we can do to get these things accomplished we need to know what to do so that we can get everything done in a timely manner. Thanks for any advice!
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1 ANSWER

Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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The new co-counsel will have to work the current attorney to appear on the case. The request for discovery you are talking about is only used to obtain evidence that the prosecutor has but has not produced. Hopefully, your co-counsel will be willing to take steps to obtain the evidence you know about. I would definitely follow through and make sure that you get co-counsel to assist with your defense. If your current attorney does not want to work with the new attorney, you may be better off letting him go and following through with the new attorney, especially if he can get ready for the current trial date.
Answered on Jul 09th, 2014 at 2:58 PM

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