How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26556
Experience:  16 yrs. of experience including criminal law.
11181181
Type Your Criminal Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I paid a 2500 dollar retainer fee for a pending trial, i never

Resolved Question:

I paid a 2500 dollar retainer fee for a pending trial, i never went to trial, i plead guilty. Is my lawyer obligated to pay back my retainer?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
Who negotiated your guilty plea? did your lawyer assist with this? How much time/effort did it take?
Customer: replied 5 years ago.
my lawyer negotiated my guilty plea after receieving the judge's response to a motion to supress based on improper line of questioning leading up to my arrest. it only took a few minutes. a sidebar discussion.
Expert:  P. Simmons replied 5 years ago.
Thanks

You will need to start by looking very closely at your retainer agreement. This is a contract and the terms will control.

Now, in most cases, the agreement will provide that the attorney will only be able to bill for work performed...but in some cases, particularly criminal cases, the contract can allow for a flat fee.

SO that is why you need to look at the contract you signed. At that point, if this was not a flat fee agreement, you can demand that the attorney return any unused retainer.






Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.
Customer: replied 5 years ago.
i did not sign a retainer agreement with my attorney
Expert:  P. Simmons replied 5 years ago.
Nothing? No agreement at all? What did he or she tell you they would do with the $2.5k??


Customer: replied 5 years ago.
he paid him 2000 and gave him 1500 bond assigntment for pretrial portion of felony dwi case. as we prepared for the pretrial hearing he told me he needed a deposit on the trial portion to move forward after the hearing in case the hearing did not go in my favor. i gave him 2500 cash and he wrote me a makeshift reciept on the back of on his business cards
Expert:  P. Simmons replied 5 years ago.
Thanks

You should draft a letter to him, demanding a refund of this money.

Send this certified mail

If he refuses to respond, I would next notify the state bar

http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml

And sue in small claims court for your money back

Sorry for the hassle





Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.


P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26556
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 7 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.