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Daniel Solutions, Criminal Defense Lawyer
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My husband hired and paid a lawyer, and was told he would not

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My husband hired and paid a lawyer, and was told he would not get any jail time and told he would get the charges dismissed as he never gave permission to have his car searched. Instead, my husband was placed on probation and told to plead guilty by his lawyer 3 days before he was to appear in court. My husband returned to this lawyer not 1 year later to have him represent him to request the remaining probation time be removed. The lawyer advised him he could no longer represent him as it was a conflict of interest since the prosecutor now worked with him and his law firm. My husband now feels that the lawyer never had my husbands best interst in mind and just wanted to get paid. Was this a conflict of interest for my husbands lawyer to hire the prosecutor shortly after telling my husband to plead guilty though he originally told my husband he would get the charges dismissed? If so, can we seek legal action against that lawyer for being unethical in his practice?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 5 years ago.
Since the case with your husband was resolved there was no legal conflict of interest in hiring the former prosecutor.
No attorney can or should promise any outcome to a case, but it will be difficult to prove such a promise was made by the former attorney. Sorry.
Customer: replied 5 years ago.
My husband only hired that lawyer because of the guarantee he made. The public defender told my husband to plead guilty and he said no. The lawyer he hired said he would not have to plead guilty because he would get him off. Instead, the lawyer told him 3 days prior to appearing n court that he had to plead guilty. If this a going to be the outcome then my husband would not have wasted money on a lawyer and would have gone with the public defender. Then to find out that he hired the prosecutor less than 5months later just seems they were both working against my husband. If my husband and his lawyer never discussed pleading guilty as an option why would the lawyer tell him a few days before trial to plead guilty, unless he and the prosecutor had agreed on this prior to that day? My husband went to court ore than once and wa charged as the trial was delayed for the lawyer not being able to show up. This seems shady as if they were working together. The case was not resolved as my husband was told it wouldbe. How soon would be too soon for the lawyer to hire the prosecutor for this to have been unethical practice?
Expert:  Daniel Solutions replied 5 years ago.
The prosecutor could have been hired the day after your husband was sentenced. There is not waiting period.
I hate it when lawyer make promissed because we truly can not predict. We can only state what has happened in prior cases but that is not guarantee. Regardless of how a client may push for an answer of results we should not give such because it can and often would give the impression of a promise even if it's not directly stated as a promise. I'm sorry but there is nothing unethical about hiring the prosecutor.
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience: over 20 years of legal and professor of law experience
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