QUESTION
What can I do in court to fight charges that I threatened to shoot someone?
Asked on Sep 21st, 2011 on Criminal Law - Colorado
More details to this question:
My ex girlfriend placed charges on me that I threatened to shoot her and her friend if she was not going to leave my house.This is a false charge and she did this to get back at me for leaving her. My trial is set for next week and I don't trust the court appointed attorney who has been rather busy and unable to attend to his duties. How can I fight these charges and win? There was no gun found in my house or car and I have no criminal record. She has a witness and I don't have one. There was no physical contact except the verbal threat which is assault by itself.
12 ANSWERS
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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The case sounds like a classic he-said, she-said. You already have an attorney, but you do not trust him. I assume you know the dangers of representing yourself? Good investigation often uncovers a good defense.Can you back up your claims that your girlfriend was angry at you. perhaps she put something out on facebook? told a mutual friend who would testify? sent you nasty tests that you saved/ Obviously key to a good defense is discrediting theprosecution witnesses.
Answered on Jul 09th, 2013 at 12:32 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You have to put your faith in your lawyer to do right by you.
Answered on Jun 26th, 2013 at 2:03 AM
You must bother your lawyer until they come up with a plan, or obtain a continuance.
Answered on Jun 21st, 2013 at 1:19 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Court-appointed attorneys are quite busy, but also have a lot of experience and while it may seems that he may be neglecting your case, he probably is not. He may not be spending the amount of time on it that you think he should, or it could be that he is spending time on it that you cannot see. You can always retain a private attorney if you wish and ask for an adjournment so he could prepare. You could always argue that one person's word against another doesn't equate to proof beyond a reasonable doubt. Also point out possible inconsistencies or implausibilities in their stories and expose their biases and possible motives for making it up. This is not something you ever want to do alone so if you cannot afford to retain an attorney, at least keep your appointed one who will do much better in the longrun than you ever could.
Answered on Sep 28th, 2011 at 10:21 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Your attorney may have done a lot more on your case than you think. You do have the option of hiring another attorney, but that could impact your case and it sounds like you don't have the $$ to hire a private attorney. I suspect that if your case is going to trial next wek, your attorney is prepared to go.
Answered on Sep 26th, 2011 at 5:16 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Peter A. Duarte
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You need to consult with a criminal defense attorney. You can fire your current public defender under a special proceeding and motion. Talk to your public defender about your concerns.
Answered on Sep 23rd, 2011 at 3:11 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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There is no way that I can possibly advise you on how you can represent yourself against these charges through this forum. If you can come up with the money you can retain new counsel; otherwise you are stuck with your assigned lawyer.
Answered on Sep 23rd, 2011 at 2:20 PM
If you are not satisfied with the service you are receiving from your court appointed attorney you can hire an attorney and have him sub in for the appointed one. This will delay your trial as the new attorney would need time to get up to speed. As to trial, without knowing all the facts, then your attorney would need to desecrate the witnesses on cross examination.
Answered on Sep 23rd, 2011 at 1:29 PM
The prosecutor will have to prove the case beyound a reasonable doubt. You should meet with your attorney and review what will be presented in court.
Answered on Sep 23rd, 2011 at 12:21 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you are not happy with your lawyer, then you should have hired a replacement before now. It does not matter whether or not a gun was found or if you had a gun. Here is relevant portions of the statute on terroristic threat, which outlines the offense. (Your charging instrument - the information - outlines what the State must prove specifically in your case).
Answered on Sep 23rd, 2011 at 11:46 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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YOU can't fight the charges and win by asking on a website. My guess is your not a lawyer, which means you're likely not familiar with the rules of criminal procedure or the rules of evidence. If you don't trust the public defender appointed to your case, than you should start looking for a private attorney immediately. The charges you have pending against you are extremely serious.
Answered on Sep 23rd, 2011 at 11:20 AM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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The only way to fight it is trial and to challenge the witnesses credibility and character.
Answered on Sep 23rd, 2011 at 11:09 AM