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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25386
Experience:  Practicing criminal defense attorney
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Hello, I m going to try to make this is short as possible.

Resolved Question:

Hello,
I‘m going to try to make this is short as possible. My father was married to a woman who turned out to be a fraud. In short, she was not a legal immigrant in the U.S. One week after their marriage he found out and was able to get the marriage annulled in court. Of course, the lady he had supposedly married went crazy. In response to the annulment, she began to make false accusations. Six months ago, her daughter called the police and said that my father called and threatened her. My father was arrested and later released. We hired a lawyer to defend him in court. The lawyer said that there is no proof whatsoever that my father called her. No phone records, no witnesses, no recordings, nothing. So, we thought the court will dismiss the case, especially since my father did not do it.
Today, my father had court and was approached by his attorney. The attorney asked him if he wants to plead guilt on misdemeanor charges. My father hesitated and then said NO, because he did not do it and didn't want a misdemeanor on his record. Furthermore, since it's a lie, there are no records whatsoever showing my father's number calling the girl. So, the lawyer went in and spoke with the prosecutor alone. He returned and told my father that the case will go to trial and grand jury. The charges filed against my dad are domestic violence, even though he was never legally married to this girl's mother, the marriage was annulled.
Did the attorney do the right thing by going to trial and grand jury? Couldn't he have just dismissed the case based on no evidence whatsoever, and my father's clean record? Now, the attorney wants $25,000 to go to trial. Please tell me if the attorney is doing the right job or not. And, whether this case could have been dismissed without going to trial and grand jury.
Thanks
Submitted: 6 years ago.
Category: Criminal Law
Expert:  lwpat replied 6 years ago.
I am not sure of the charges or what he is charged with. Here it appears that there is much more to the story than just accusations of calling. That does not justify a 25,000 fee so there have to be other more serious charges.
Customer: replied 6 years ago.

Hello Sir,

 

There is nothing besides the calling part involved in this case. There is another case, where the ex wife is suing fir money, but that is totally a different story. The case I'm inquiring about, only involves a so called phone call, which never took place. My questions is, did the attorney make the right choice by choosing to go to trial (Grand Jury)? Couldn't the case have been dismissed for lack of evidence?

 

The case is as simple as the girl made a call to the cops claiming that my father called and harrased her. They arrested him. They released him. He appeared at court a few times, but the court was always adjourned. Today, the attorney asked him if he wanted to plead guilty to the charges. My father said no. The attorney spoke with the prosecutor in private, came back, and said were going to trial.

 

Thanks.

Expert:  lwpat replied 6 years ago.
Couldn't the case have been dismissed for lack of evidence?

I agree which is why I think that there is more to the case.
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