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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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In February of 2008 I received a speeding ticket and a ticket

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In February of 2008 I received a speeding ticket and a ticket for an out of date registration. I was in a construction zone and was driving my wife's car when I was stopped about 10 miles out of College Station TX. I was driving my wife to her classes at Texas A&M in College Station (about 90 miles from our home) where she was a graduate student. I was driving her because she had just gotten out of the hospital due to a bad case of pneumonia. The ticket was for about $500.

As I dove into town I noticed a bill board with a lawyer's name (listing traffic tickets as one of his areas of practice). I called his office and spoke to his assistant who told me that for $450 they could get me deferred adjudication, and that I just needed to not get a ticket for the next 6 months. If I did this the record of the ticket would not go on my record. He said that all I needed to do was give him my credit card #XXXXX my name, address, and the ticket number, and forgot about it. So I did...until about 3 months ago, when I got a summons from the court to appear. I called the lawyers office and was told by a new assistant that the case had never been resolved; that the lawyer had about 35 cases like this, and that the lawyer would continue to represent me at no additional charge. I was traveling out of state, so I faxed a doc that said I would let him represent me. I also called the judge's office to question the situation and let them know what had happened. They told me that in fact the case was not resolved and that the tickets were not eligible for deferred adjudication because they occurred in a construction zone. And, that it was OK for the lawyer to represent me since I was out of town.

He handled the first appearance and got the court appointment delayed until next week. His assistant told me that the lawyer would appear for me then as well when I got the next summons to appear. Now I have just received an email from the lawyer's assistant saying that they have resolved the case but that it will cost me an additional $800 in fines and court costs. I just need to send them 4 $200 money orders and serve deferred adjudication for another 6 months. If I do not get another ticket the issue will be resolved.

It seems that the lawyer should be paying this since his office misrepresented his services to me 3 years ago when they charged my credit card. How do I get the lawyer to pay? Would another lawyer be willing to represent me to get reimbursement from my current lawyer? What would you advise?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Joseph replied 3 years ago.
When you stated, "would another lawyer be willing to represent me", I don't know if you meant an attorney on this site or in general. Unfortunately, the policies of Just Answer do not permit us to represent customers of this site or to provide direct referrals. However, we can point you in the right direction. And, of course, if you meant in general, then hopefully this information will be helpful.

 

First, you should begin with your state bar association. The Texas State Bar has a website, it is located at http://www.texasbar.com/.

 

I do not know your county of residence but your county bar association likely has a similar site that will be more specific to your location.

 

Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.

 

Another nationwide website is located at http://www.avvo.com/. This site lists attorneys by geographic location and area of practice.

 

Each of these resources will have a wealth of information as to attorneys in your area that handle such cases. I would suggest you check each site out and you will surely find a great number of attorneys that meet your needs. Pick a few to meet with in person so that you can thoroughly explain your situation and then retain the one that you feel can best represent your interests.

 

Having said all of that, I would suggest that you put some thought into this before proceeding. While I am inclined to agree with your assessment of the attorney having somehow mishandled the citation, I don't know that it is worth pursuing. The problem is that it would probably cost more money to change attorneys than to just stick with this one. The decision, of course, is yours to make. Perhaps you can contact a few attorneys, ask them about fees and then make a more intelligent decision as to what is in your best interests.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
Thanks for the web site info.
Is the best course of action to pay the fine and end my problem with the court; then proceed to find another lawyer to help me with a case against my current attorney?
Do you think I have a case to sue my current lawyer for fraud?
Expert:  Joseph replied 3 years ago.

Please understand that the policies of the site do not permit us to tell you what to do, only to provide information and direction, the decision rests with you. With that in mind, I stand by my earlier statement that it would likely cost more money to change lawyers than to simply conclude the matter with the current attorney.

 

If you want to look into taking action against the attorney, you might consider filing a grievance with the Bar Association. I already gave you the link to the Bar, you can contact them to initiate a grievance if you desire.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 11 other Criminal Law Specialists are ready to help you

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