how do i file a federal motion?

[javajoe7]

What is the name of your state (only U.S. law)? PA but my case is a FEDERAL CASE.
I currently have a lousy federal public defender. i have asked him like 3 times to file a motion to modify the conditions of my release aka get me off of home detention. i was put on home detention june10th this year and he said as long as i did everything right and since i dont have any convictions on my record and that he was even surprised i was put on home detention as he said most people arent put on it when its a case like mine which involves no drugs guns or violence. he origonally said hed file it july 10th but then he didnt and i asked why and he said, well if u sign this plea agreement, then the prosecutor would probably agree to let u off it so it would be easier. well, after doing some legal research, i decided i didnt like the first plea offer and i faxed my attorney that i wont be signing it, but that i still want him to file the motion. Well, he hasnt called me in like 2 weeks, and i think he might be mad at me, which would be rediculous if he is, hes probably just busy, but when a defendant asks a lawyer to do something, i thought they had to do it. it almost sems like a reason to say hes incompetent and that i want a new layer that will be on my side and vigorously defende me .
ANYWAYS, since i have this lawyer ,
2 questions
FIRST, am i even allowed to file a motion myself ?
SECONDLY, does anyone here know how i would file this motion to modify the conditions of my release aka get me off of home detention, do i need to get a form somewhere or what do i need to do?

 

[Free_Advice]

If you want to file a motion then you need to file an appearance.

One an appearance is on record then you can file a motion ... send the opposing party a copy and make a certificate of service.

You'll have to go to the federal courthouse to get the appearance form. Some let you just add on yourself w/o firing the current lawyer.

Expect howls from your attny after you file.

 

[tranquility]

I agree the OP's representation will be even worse after he takes this course. Also, a motion requires more than a question. You don't get a form and ask if you can be set free because you don't want to be tracked any longer. You need to have a legal reason. What is your legal reason?

 

[javajoe7]

legal reasons

my legal reasons ,as tranquility asked are
i have no criminal convictions
the charges im accused of are totally non violent, do not involve drugs or guns, just involve money
and ive been totally complaint to all home detention rules
and pose no threat to the community.
I would rather have a lawyer file it
but i didnt want to have to have my family hire a private
attorney when the taxpayers are already paying for a public defender for
me. not sure what ill do , just not fair im on home detention
when my lawyer said most others with the same charges are not on it.

 

[justalayman]

my legal reasons ,as tranquility asked are
i have no criminal convictions
the charges im accused of are totally non violent, do not involve drugs or guns, just involve money
and ive been totally complaint to all home detention rules
and pose no threat to the community.
I would rather have a lawyer file it
but i didnt want to have to have my family hire a private
attorney when the taxpayers are already paying for a public defender for
me. not sure what ill do , just not fair im on home detention
when my lawyer said most others with the same charges are not on it.

If I recall correctly, all of your claims also described Bernie Madoff as well and he had house detention prior to trial.

 

[cbg]

"Most" are not means that "some" are.

No one ever told you life would be fair.

 

[calatty]

You are not allowed to file any motions on your own behalf when you are represented by a lawyer. No, a lawyer does not have to do your bidding. With few exceptions, like the decision to testify, the lawyer controls the case. If you want to control the case, you must file a motion to represent yourself. When the court decided to put you on home detention, it had all the information you describe, ie that the offense did not involve guns or violence, etc., and it decided to put you on home detention anyway. If your lawyer is not filing a motion for modification of the home detention the court imposed, there must be a reason.

 

[FlyingRon]

Further, once you're convicted, except in certain rare circumstances, the Public Defender's obligation to you is OVER. He's not there to file frivolous requests for letting you off the even trivial sentence you have. What makes you think that even with F. Lee Bailey you're going to even get that motion heard?

 

[FlyingRon]

Further, once you're convicted, except in certain rare circumstances, the Public Defender's obligation to you is OVER. Even in the cases where they mandate legal representation for appeal, that doesn't apply to sentence modifications requests. He's not there to file frivolous requests for letting you off the even trivial sentence you have. What makes you think that even with F. Lee Bailey you're going to even get that motion heard?