Legal Question in Criminal Law in California

unlawfully arrested

I have a citizen arrest on my record for grand theft w/embezzlement from my employer (kohls). I have been to court several times and they have yet to provide to my public defender any evidence, I was booked and processed, it is now in the system as ''accused of''. Will I ever be able to have that deleted from public access, after this case is over, I plan on suing Kohl's for wrongfull termination, wrongful arrest, defamation of character, abuse of authority, etc. can you please advice me. also what kind of attorney do I hire? My Public Defender does not seem to know what he is doing, this happened in May and I've been to court 5 times already with no result, should I file a Marsden complaint the next time I see the judge? Do I have to give up my rights to speak with the Judge? would this be a PC1054? this was also a misdameamor. does that make a difference? at the arraingment I plead not guilty. Please advise, also my public defender supeoned the employer for evidence, and they have not produced any, they told the public defender they didn't have to. what can I expect my next court date on 10/17/08. my public defender keeps getting extentions even though I'm their, I want to have the case dismissed. can I speak with the judge.


Asked on 10/13/08, 11:59 am

2 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: unlawfully arrested

You need to hire a private attorney. If you cannot afford one, then file a Marsden motion to replace your public defender. However, there is no guarantee that you will be any happier with your new defender. These attorneys are usually strapped for time. Forget the civil lawsuit right now. You have bigger problems. If this does not get cleared up, you will find it very difficult to ever work again.

www.NotGuiltyInCA.com

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Answered on 10/13/08, 12:17 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: unlawfully arrested

Stop whining about your public defender. Stop re-asking your question. I answered your question completely, and so did attorney Moschopoulos. Either hang up from the internet and call a private attorney and make an appointment, or do what the public defender tells you.

If I were you and I had a court date in three days I would start calling attorneys right now this second -- and pray that one is available on such short notice.

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Answered on 10/13/08, 5:21 pm


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