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Robotnix

How to change/or give up private lawyer?

7 posts in this topic

I have this drug case for a 4 years. My private lawyer is not doin anything to dismiss the case.

Magtatagalog na ako kasi PINOY STUFF naman ito. Tinamin lang kami ng ebidensya. Pinalabas na

pot session. Okay. Unang una nakalimutan nila taniman ng lighter. Nakikinig ako ng mga kasong

kahalintulad saken. Kumpleto ng ebidensya. Aluminum foil, shabu sachet tapos lighter.

Itong abogado ko, ginagatasan lang ata ako eh. Paano pa magpalit ng abogado? Sasabihin ko

lang ba sa kanya na ayoko na sa kanya at mag-PAO nalang ako? Ayaw ako tulungan ng

mga kamaganak ko kasi drugs un kaso. Ayaw nila maniwala saken na tinaniman lang ako.

Paano nagdadrugs. Pinadrugtest kami that day at NEGATIVE ang result? ABER

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let's not discuss further the details of the case kasi we don't discuss those kind of topics here as per forum rule #07.

but for the subject matter of hand, you can change your lawyer.  think of it as a doctor for the lack of better comparison.  you can always change your doctor if you are not confident with him anymore.

the only problem is that new lawyer requires familiarization sa case mo (same din naman for a new doctor, kailangan nya malaman full medical history mo).  you are the client and you have to right to choose your attorney hanggat di ka pa accused.

again this is just my suggestion pero further consult legal experts before you take any decision.

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Sorry for discussing it here. I understand po.

Sir/Maam paano po iaddress mga katulad po ninyo dito?

Thank you po sa advice niyo.

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call us by our usernames, that'll be fine.

again di naman bawal yung pinost mo to discuss, ang we don't encourage is anything related to your case.  not the circumstance of your case itself.

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Your lawyer is basically your employee. Pwede ka magpalit anytime. Kailangan lang syempre sabihin mo sa kanya para mainform din yung court so that he could be relieved of his duties before a new lawyer can enter his appearance. As to the dismissal of the case, I believe it is already being heard kasi 4 years na. Hindi naman na basta basta madidismiss yan once it is already filed in court. Presentation na ng evidence yan and it will be up to the judge to decide. Kasi nga, paano malalaman kung mahina or malakas ang evidence laban sayo kung hindi didinggin ang kaso. One more thing, hindi mo kailangang magpositive sa drug test to be charged with possession of dangerous drugs, which, i am assuming is the case filed against you. Pwede ding possession of drug paraphernalia which is another case aside from possession of the drugs. My advice to you, open up to your lawyer and discuss your case with him para maexplain niys sayo ng mabuti.

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Judges would require your handling counsel to file his Withdrawal of Appearance, then the new lawyer has to file an Entry of Apperance. Though may judges na pumapayag na new lawyer would just file his Entry of Appearance without requiring the old one to Withdraw his appearance, but uubra lang siya if the old one has been absent for three consecutive hearings. So sabihin mo lang sa lawyer mo, palitan na kita. Papayag naman ang lawyers diyan, wala naman magagawa if ayaw mo na sa services niya. But in doing so, lawyers have this right called “retaining lien.” Hanggang di siya bayad sa mga agreed upon fees, he has the right not to turn over your case files to the new lawyer. 

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Pero kung mag PAO ka, pero previously may counsel ka, baka irefuse ng PAO na irepresent ka. You have to prove your indigency. And relax ka lang, mabigat na paratang na ginagatasan ka lang ng abogado mo. May process sa pagpapadismiss ng criminal case, may rules na sinusunod, hindi pwedeng kung kailan mo lang gusto. Baka yang 4 years na yan, eh actively participating pa ang prosecution, and its not even your turn to present your case, baka madami lang resetting of hearing due to various factors. Kapag naarraign ka na, your lawyer may ask for dismissal only if: 1. The prosecution has lost interest in proceeding with the case, i.e., sunod sunod na di umaattend ng hearing ang prosecution, or 2. The prosecution has already rested its case, then your lawyer may file demurrer to evidence. 

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