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Do you need an attorney for a preliminary hearing?
Anonymous3 views3 answers
My son was caught after breaking and entering into an apartment complex. His preliminary hearing is scheduled for 3/29. He is not a juvenile, but a young adult. He is out on bond presently. The owner of the property is willing to appear in court and say he would like the charges dropped, but since the state actually brought the charges, he does not have the power to drop them himself. My son has already returned the stolen property and we have arranged for the damages to be repaired. An attorney says if we give him $12,500, he will make sure all the charges are dropped. Do we trust him to be telling us the truth? What are the chances the judge will drop the charges if the wronged party says he wants them dropped?
Well, for starters, he probably already has one. It is highly unlikely that a judge would allow a case to get to a preliminary hearing without assigning a public defender. Public defenders are attorneys. In fact, they are sometimes more experienced than many and, in rare cases, all of the private criminal defense practitioners in any given jurisdiction. The taxpayers pay heavily to make them available to people who truly cannot afford to hire private counsel. Here's a case where your son at least has borrowing power (from you), and that raises a debatable point about whether he is the kind of "indigent" that the US Supreme Court contemplated when they decided Gideon v. Wainright (the landmark case which effectively installed public defenders offices (and indigent defender referral organizations) throughout the United States)). In all practical reality, your son probably "qualifies" for a public defender's appointment if he doesn't, himself, have the money that a competent lawyer would charge to defend him in that situation. Whether $12,500 is a market rate for competent services can be easily determined by making a few more calls. You might find that there is a another lawyer available who you will like better who will do it for less. Whatever the case, it is clear that your son DOES need a lawyer.
Scott Andrew WinebergJuvenile Law AttorneyVernon Hills, IL ·
NEVER, under any circumstances, should you trust a lawyer who promises (arranges?) to get charges dropped. And that fee sounds pretty high for a residential burglary. Move on, but do have an attorney with your son at his prelim.
Your son should definitely have an attorney (whether it's a public defender or a private practicioner) with him at all stages of the process, including the preliminary hearing. If he's being charged with burglary (rather than "only" housebreaking... sorry, your question is unclear), that's a very serious offense.
The Solicitor may take into consideration the property owner's desire to have the charges dropped, but like you seem to already understand, it is not the property owner's choice.
On another note, an attorney may not guarantee results. Ever. Period. In all honesty, you should report this attorney to the S.C. Commission on Lawyer Conduct.
