Backstory: About three years ago now, my sister was out somewhere with her friend's boyfriend and they hit and killed a guy on the street. He was high as fuck and crossing the street while oncoming traffic had a green in the middle of the night on a street where the speed limit was 55, so his death was ruled his own fault. The problem is, the guy she was with was driving but had 4 wrecks on his record (he was only 23 or something) and his license was suspended so he told her to tell the cops she had been driving and she did, presumably from a combination of shock and wanting to protect her friend.
My parents freaked out when the dead guys family tried to sue for wrongful death and hired a lawyer who told her to change her statement to the police, aka incriminate herself (I'm reporting him to the BAR), and got her arrested on a felony (lying to police) and obstruction. That lawyer took our 5k, got her arrested, and then never answered the phone again. Second lawyer said he would get them to drop the obstruction and bring the lying to police down to a misdemeanor, which makes sense since it's barely even procedural and made no difference in the actual investigation of the incident.
I had assumed that this was pretty much over and done with and had put it out of my mind when I just found out she got a letter to appear in court for her plea. She just got the letter and the court date is for for the 5th of January. Her lawyer didn't get anything and she had to inform him of it; apparently he hasn't been given discovery or half the information he's requested. Despite this, he told her there's "no point" in meeting with him and they'd see each other at court. So I guess instead of postponing it and demanding the necessary legal information, he's planning to just show up and wing it?
The reason I think she's being railroaded is because this happened while BLM was still at a high point and she's white while the guy she was with, the guy they hit, the DA and everyone involved in the case is black with BLM and black advocacy shit all over professional pages. I think they're just trying to extract their pound of flesh from the white girl, possibly even in collusion with the dead guys family since they have no case based on the police report (if she gets found guilty, they could use that in civil court).
Her lawyer is either in on it or unbelievably incompetent because:
- He's been handling this for two fucking years already and still hasn't any negotiations done
- He literally never knows what's going on and finds out feom my sister when she calls him after receiving papers from court
- Despite the fact that the court isn't giving him any info, discovery, or allowong him access, he doesn't think he should do anything about that
- Her plea hearing is on Jan. 5 and she just found out it last week. She had to inform the lawyer about this. Despite sitting on this for almost 3 years, they give her less than a month notice over the Christmas holiday while her lawyer still hasnt received the info he needs.
- Despite not even entering a plea yet, she already received a notification that her jury was selected.
- Neither she nor her lawyer were present for the jury selection or even aware it was happening.
I guess the question is who would I even call about this? Civil rights lawyer for the massive violations of due process? Yet another defense attorney and hope he's not also a fucking retard? My sister was barely 22 when this happened and now she's looking at 10 years in prison and a felony comviction (making all the school she did to be a teacher pointless) because a bunch of fake-woke black bureaucrats want to crucify her over a dead druggie killed by another black delinquent. My parents are prepared to sell their house to keep her out of jail because she'll almost guaranteed kill herself so I really need some advice/reputable lawyer I can call.
I suspect that she is being "railroaded" because this is in state court. I would coutersue in Federal District Court for all the violations of her Constitutional Rights being done by the state courts and the family and lawyers trying to prosecute. Use 18 USC 241/242 for Civil case and 18 USC 2384 for criminal complaint for constitutional rights violations.
They are likely violating 1st, 2nd, 4th, 5th, 6th, 7th, 8th, and 14th Amendments with restraining orders, asset seizures, and arrest without due process via improper charging. Hit them with civil suit for all expected earnings over her lifetime (likely millions); then hammer them with criminal complaint for violating the Constitution. I believe it is 5 years in prison for each police officer, family member, lawyer, judge, and state official in violation of 18 USC 2384. https://www.law.cornell.edu/uscode/text/18/2384
Some ProSe resources to get going or to use to monitor what your lawyer is doing: affidavits101.com: https://www.affidavits101.com/affidavits-step-by-step; Affidavits are the key to presenting evidence of innocence in court. Your lawyer will likely not tell you this since in state court the defendant's lawyer gets a cut or "bonus" for allowing a defendant to be convicted (even if innocent).
Course in case your sister needs to become her own lawyer: https://deagle-network.com/nutrimedical-broadcasters/dr-fred-gravs-jd-how-to-win-in-court-pro-se-litigant-course/
Thanks -- this is good info for other situations as well.