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How hard is it for a second lawyer to take over the current case? and how hard is it to get a refund from a current lawyer?
Anonymous9 views6 answers
I was charged with 25658(A) Furnishing Alcohol to a Minor, in a Random Sting Operation. The decoy never stated her age until after she was given the alcohol. My lawyer charged me $3000 flat fee, said he knew the right people to talk to at the right time and would take care of it. 6 months later the trial is still ongoing. The lawyer could not show up to the dates, he showed up 2 days before and vacated the case twice. He has not been updating me so I had to pull the court dockets to figure out whats going on. Finally, one afternoon, he finally picks his phone up to apologize about communication problems. He then emails me saying that I should settle for any deal the DA gives me, advices me to not go into jury trial. I don't trust his work, I felt nothing has been done.
It sounds like you need a second opinion for sure. Settling for any deal the DA gives you is what you could have done all on your own. You hired an attorney to present good options for you and then advise you properly of the consequences of each one. I agree with my colleagues in that this is a "simple" case and that you are not realistically looking at jail time for it (based on the facts that we have from you). However, that does not mean that this is a "simple" situation for you or that a conviction for the charge does not carry major collateral consequences for you. Your reputation, job, future employment, and any professional license could be majorly impacted. While you have invested a lot of money already in your defense, it is still not advisable to handle this case on your own. You need to spend your money smartly the second go around and really research who it is you are hiring. Seeking referrals from trusted sources has always worked for me personally in hiring a lawyer. Then interview them about their credentials and what experience they have specifically handling cases like yours as well as outcomes they have achieved for their clients on cases like yours. Have them walk through a detailed game plan and strategy up front to ensure you don't fall into the trap of take your money now with no follow through later. Having a lot of experience dealing with the ABC (Alcohol & Beverage Control) with these sting operations both on an administrative level and criminal defense level, you need to know that there is information maintained by the ABC regarding their policies and tactics for these random sting operations as well as information about the decoy that would not have been given to your current attorney by the DA in discovery. As a result, there are certain strategies and tactics an attorney knowledgeable in ABC operations can employ to best maneuver and position your case. My suggestion would be to seek out an attorney that has experience handling ABC cases. As for your current attorney, you will need to review your retainer agreement to see what the provisions are when you terminate the relationship. You certainly will want to request a detailed accounting of the work they did. If the attorney has had the case for a long time, it may be unlikely that you will be able to recoup any of the retainer, Of course, that is predicated on the attorney actually doing work on the case. So you should request a summary of the time they spent which the attorney should have kept for situations like this where a client may wish to part ways. I wish you the best of luck
Frankly it's not worth hiring another lawyer as you will only run up your attorneys fees. You are already being charged enough for this very minor offense. You are not going to jail and you'll probably only receive a slap on the wrist.
Having a second lawyer take over a case like this is not difficult. Make sure you retain a Local Attorney. A local attorney will know the judge and prosecutor. This make the transition a lot more efficient.