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.
appreciate the reply, it's quite a story/will try to summarize; the person is enrolled in tribe & was accused of a serious crime on the reservation (he maintains innocence/I tend to believe him)
tribal police were first on the scene, and sounds like they were confused/inept, didn't read rights, collect evidence properly, etc. in weeks to follow several officers went into community to tell their ever changing version to hundreds of locals/created much animosity.
then the media got involved, vilified suspect/even encouraged protests, so his trial was a farce & he's now in federal prison/sad situation. hard to sort out 'who' to trust and who'd be qualified with such a case.
I know a fierce tribal law attorney. One who I pray I would never been on opposing sides with. Lord help the person she was prosecuting. She is now a sitting Supreme Court justice for a tribe. I don’t know that this affects her ability to continue to practice in other tribal jurisdictions. Just FYI, she is NOT based. But she is fierce. She also would probably not know me by name so beyond the link I can give you, I don’t have much else to offer. https://twitter.com/profeaglewoman
Sounds like you have some issues:
Lawyers don’t like malpractice complaints. But making one in these kinds of circumstances aren’t going to suddenly get them to start working. You need a new lawyer that gives a shit. Focus on these charges and this trial. Work on settling scores after that. Reach out to that tribal lawyer I linked you to. At the very least, she could point you in the right direction.
Thank you!!! this will be so helpful in understanding/separating out what's going on. most of his family doesn't pay attention, and he really needs an advocate/don't think his lawyer is experienced enough with tribes/how they operate. And yes, I'll definitely reach out to the lawyer you suggested.
edit to answer a question; it was too much for the tribe/they're keystone cops, so it is at the federal level now. so yes, I wouldn't mind if they moved it somewhere else. think the local media ruined his chances of a fair trial. even non thinking people in the courtroom could see how confused the prosecution was/tried to make everything about race, etc. it was like many of his own 'people' turned against him/lots of liberals on reservation.
This is awesome/Thank you so much!! And yes, we're waiting for an appeal, but haven't heard anything from his lawyer in a long time. haven't heard from him either/imagine he's depressed & overwhelmed; they moved him 1000 miles away, so sure he doesn't get visitors. And I do know many of the details/as I paid attention/took notes, so should have enough to explain to a different lawyer.
yes, that's exactly it; so many ways they can make mistakes/fall through the cracks. especially when there were stories being thrown around/definitely wasn't a fair trial. & back to your suggestions; I'm hopeful Mr. Schenk might have some ideas/he's in the upper midwest, so should be familiar with the tribes around here, which would be a huge bonus! thanks again for details and prayers:) will let you know if I make any progress.