I have a family member who is currently being detained.he was at the Yellowstone detention center he was moved to

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Customer: Hi, I have a family member who is currently being detained.he was at the Yellowstone detention center he was moved to cascade county jail. He has not gone to trial yet. I feel that his civil liberties have been violated repeatedly his rights to a speedy trial and due process were waived without his consent . I hired an attorney gave him 16,000 and he didn’t do anything his lack of due dillagence and communication was so frustrating .
JA: Have any charges been filed? If so, when is the next court date?
Customer: Shane also told me over the phone when he was at Yellowstone county about the young man who died , it was a phentynol overdose and also said they everyone waiting to go to prison was getting raped everyone.
JA: In what state did this occur?
Customer: Montana
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: his name is Shane ***** ***** cr-21-94
Answered by Sarah Fischer in 25 mins 2 months ago
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Sarah Fischer
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Customer
Shane ***** ***** cr-21-94
Federal hold no bond
Customer
His codefendant Nichole jo Brent and her mother Laura Brent was clerk of court for 30 years in Yellowstone county
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Sarah Fischer, Expert

Hello, my name is ***** ***** I am here to help.

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Sarah Fischer, Expert

I understand from your question that you have a family member who is currently being detained in jail and that his civil liberties have been violated, as his right to a speedy trial and due process were waived without his consent. A person's right to due process can not legally be waived, either by the person themselves or by someone acting on their behalf. If your family member had his right to a speedy trial waived by someone acting on his behalf (like a lawyer) without his knowledge or authorization, that is definitely a problem. Has your family member spoken with the attorney who represented him at the time his right to a speedy trial was waived?

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Sarah Fischer, Expert

I also understand from your question that you hired an attorney to represent your family member in their criminal law case and that the attorney did not provide adequate counsel. Have you looked into hiring a different attorney, or seeking the services of the public defender to represent your family member more diligently?

Customer
They gave him a court appointed attorney , who I tired to hire first and shoe said no, but she's on some panel so she has to, I have very little faith that there will be any due diligence
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Sarah Fischer, Expert

So your family member was given a court appointed attorney to defend them. This isn't the same attorney that you paid $16,000 to, right?

Customer
I am the one Who hired Mr. Lance Lundvall which I have the receipts for am I allowed to file a grievance against him or does it have to be Shane who does and how does he do this locked up in jail when they won't even give him a pen and paper to write anyone
Customer
No not same attorney
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Sarah Fischer, Expert

Yes, as the person who paid the attorney's fee, you can file a grievance with the state bar association against the attorney for any professional misconduct.

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Sarah Fischer, Expert

Fantastic. Have you told this court appointed attorney that your family member's right to a speedy trial was waived without authorization?

Customer
I have not she won't talk to me she was rude and hung up on me
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Sarah Fischer, Expert

Has your family member asked to speak with her and told her about the fact that his right to a speedy trial was waived without authorization?

Customer
He has not seen her yet and it s been 10 days or more since she was appointed to represent him but they moved him 200 miles away
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Sarah Fischer, Expert

If he requests to speak with his lawyer on the phone, he has to be given reasonable access to a phone to speak with her.

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Sarah Fischer, Expert

I would recommend that you try to get in touch with your family member and make sure that they request right away to speak with their attorney on the phone.

Customer
I just spoke with him and he knows to tell her that he did authorize his previous attorney to waive his rights and she is on her to see him today
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Sarah Fischer, Expert

That's great news! Hopefully he can get this resolved and get his case heard ASAP.

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Sarah Fischer, Expert

Is there anything more I can do to help you today?

Customer
I do have one more question, what dictionary do the courts and attorneys use and are they allowed to use multiple dictionary s
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Sarah Fischer, Expert

Typically the courts would use a legal dictionary if looking to define a legal term. If they are looking to define a regular, every day word, they would most likely use Webster's dictionary.

Customer
they can use multiple dictionary on the court paperwork
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Sarah Fischer, Expert

Yes, they can.

Customer
Are there any other resources available that would be helpful for his case that I can do
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Sarah Fischer, Expert

The best resource at this point would most likely be your family member's attorney on the case. They will have knowledge of the case itself and the local/ state court rules more than anyone else.

Customer
OK so let me ask you this does every state require that every attorney has to be prosecuting attorney for the state they reside in
Customer
Or have to work in the public defenders office before they can practice privately
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Sarah Fischer, Expert

No. Every state doesn't require that an attorney practice criminal law or require that they be a prosecutor in particular or a defense attorney for the public defender's office before they open their own practice.

Customer
Do you have any suggestions or tips on how to hire the right attorney? Or is there anyone you could recommend that I speak with about this matter .
Customer
Are you only able to answer questions I ask and not give advice correct?
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Sarah Fischer, Expert

Yes, that is right. I can absolutely give you information about the questions that you ask, but I'm afraid that I can't give legal advice. Would you like a few recommendations for criminal defense attorneys in the area of your family member that may be able to represent your family member in this matter?

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