Legal Question in Criminal Law in California

I’m mentioned throughout the DA’s Points and Authorities filed to oppose defendant’s motion to suppress. Support for the DA’s opposition is heavily reliant on statements that a deputy attributed to me. That’s fine - except none of the statements were made were made by me (or anyone).

Statements that were made by me are omitted. It involves my emphatic refusal to consent to a warrantless search of my home, after which I was dragged from my patio and detained in my driveway while 5 or 6 deputies illegally entered and searched my home, anyway. I protested that it was an illegal search in violation of my constitutional rights. None of this was apparently conveyed to the DA by the deputy. Body cam evidence is available but I don’t know how to request a copy.

The defendant has a public defender. He refuses to speak with me or call me as a witness. Whenever the defendant raises the issue of an illegal search, the PD acts as though he’s hearing it for the first time, but never acts on it. His motion to suppress mentions there might be claim the search was illegal but with no detail as to who is claiming it or anything about me.

Our county uses a “consortium” rather than a county funded public defender department. PDs are not supervised and there’s no one to complain to if a PD is performing poorly. They’re essentially private contractors working under an executive director who’s stated publicly that PDs “are evaluated in court every day.”

How do I get around these roadblocks to being heard without jail time for contempt of court?

Am I allowed to file a declaration?

Can I write to the judge?

Is there a way to request that I be allowed to speak during the hearing where no one has subpoenaed me to testify?

Asked on 12/16/19, 2:04 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If the defendant's attorney or the DA calls you as a witness at a hearing or trial, you could then answer his questions and try to tell your version of the story. Other than that, you don't get to 'speak' in court, or submit documents.

The defendant's attorney could prepare your sworn declaration and submit it as part of the Motion if he choses. You don't get to submit anything except through proper process. Letters to the Judge would be returned or ignored.

You could hire a new attorney for the defendant, to replace the PD you are unsatisfied with. That is the proper solution to your complaints.

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Answered on 12/17/19, 11:57 am

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