A case review typically does not require the presence of the defendant or their lawyer, as it is often conducted by a judge or magistrate to assess the progress of a case. However, depending on the jurisdiction and specific circumstances, either party may be allowed to attend or may be required to be present for certain decisions. It's essential to check local court rules to understand the requirements for a particular case review.
That depends on which country we're talking about. In some countries, a lawyer will be assigned to the defendant.
I'll consider this to be a vague question. If I had to rewrite the question, I'd put it this way: "In a court of law if a defendant is represented by his/her lawyer or attorney, then what is the opposite of the defendant's lawyer?" The answer in this case would be the prosecutor, also an attorney/lawyer, but with opposite goals.
Yes, a defendant can file a writ, such as a writ of certiorari, asking the Supreme Court to review their case. However, the Supreme Court typically takes on cases that involve significant legal questions or issues of national importance. The Court has discretion over which cases it chooses to hear, so not all writs will be accepted for review. It's essential for the defendant to present compelling reasons for the Court to take their case.
Sure, unless there is some other, compelling reason for him not to represent your co-defendant.Added: While the court may rule that your attorney can represent your co-defendant in ANOTHER case, IMHO it is just as likely to rule that it would be a confict-of-interest.
Yes. It is legal for a pro se defendant to contact the plaintiff's lawyer. If you have Shepherdized the law and have relevant case law in answer to his brief, you probably should inform him of that material.
An attorney can represent you in court HOWEVER - YOU are the defendant and whether you are represented or not, you MUST attend and MUST be physically present in court.
That can only be answered by the presiding judge in the case. The defendant's attorney would have to ask the judge's permission for the defendant's absence. As a practical matter, this is likely only to be granted during pre-trial proceedings. For the trial, the defendant is required to be present.
In the courtroom, the defendant remains quiet and poised and allows their lawyer to do their job. Otherwise, the defendant should do exactly as the lawyer asks. Outside the court, the defendant's job is to convey and explain all the facts related to a case to their lawyer, and not to speak about the matter with anyone else unless the lawyer says so. Also, the defendant must show up to court when they are ordered. Defendants may also act as their own attorneys with the consent of the judge, in which case they have a very big job. This is called pro se representation, and it is on the rise in the US, according to the National Center for State Courts.
In court the question would be a true statement. Pre-trial however, the first step would be to review law enforcement's evidence against the defendant to determine if they (the prosecutor) can present a prosecutable case to court.
The answer to your question, in short, is yes..with one condition. If the judge could demonstrate that the defendant was mentally incompetent, then he/she could intervene and override the defendant's right to choice of counsel, providing it was in the best interest of the defendant to do so. However, I am quite sure that the judge presiding over this case would have had to have made this finding, if indeed there was one, clear to both parties in the case.
You would be better off getting a new lawyer. It is your right to be satisfied with your lawyer. You can tell your lawyer that you are not satisfied with his representation and that you want a different lawyer.
If you wish to sue your present lawyer for malpractice, you will probably want a lawyer to litigate that for you. The fact that your case was delayed or even lost is not proof of malpractice. You would need to fire your present attorney and hire an attorney to review the details of your file to determine whether you have a malpractice case.