Once you are federally indicted there is a 97% chance you are going to prison! IF you think because you have an attorney (rather paid or public defender) you have some kind of chance....think about this:
In America, there are over 3 million people incarcerated and they all had attorneys!
Most people take a plea because the feds use scare tactics that threaten with double or triple the amount of prison time if you fight and lose. If you count on your attorney you have a 97% chance of losing. I am one of the few that refused to take a plea.
YOU HAVE TO TAKE CHARGE! Know what your rights are, document everything, make secret recordings. Do whatever you need to do to build your defense. Look at the statistics, there is no difference in the percentage of wins of people who self-represented and those who used an attorney.
YOUR CASE CAN BE DISMISSED ON A SPEEDY TRIAL VIOLATION!
Keep track of your SPEEDY TRIAL TIME! It is unlikely your attorney will!
From the time you are arrested the clock is ticking fast! But if you do not assert your right to a speedy trial you forfeit it! SEE THE RULES:
The information or indictment must be filed within 30 days from the date of arrest or service of the summons. 18 U.S.C. § 3161(b). Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. 18 U.S.C. § 3161(c)(1).
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OF course what happens is your attorney will probably file for a continuance right away to stop the clock. Each time your defense stops the clock that will count against you. If you make your attorney hold out, then the prosecutor will be forced to stop the clock and that time counts in your favor.
Various things will stop the clock.
- Mental evaluations stop the clock. IF you are found "Incompetent to stand trial" this does not mean you are crazy. This term is often misunderstood. It just means that you are not willing or able to assist your attorney in your defense. Many people that go pro-se will fall into this category. I had a prosecutor tell me one time that there is nothing that scares a prosecutor more than a pro-se litigant because your attorney is going to make sure the prosecutor knows what is going on, what you are telling him, even if it is off the record. They have no surprises or secrets between them. On the other hand, a Pro-se litigant cannot be controlled.
I actually tested my attorney and within one week of me telling my attorney I had been blogging about my case, the prosecutor had drug me into court and was demanding the judge shut down the blog! The judge refused citing the 1st Amendment.
The prosecutor then had me arrested on a bogus charge and they held me in jail until I agreed to shut down this blog.
Evil does not like the light
