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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87229
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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HI I have been paying an attorney for my 32 year old son who

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HI I have been paying an attorney for my 32 year old son who was accused have child molestation with his daughter which he has denied. The daughter came home from school the other day crying and said she lied and this never happen but the lawyer still wants my son to plea guilty. What should he do?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your son's situation.

Can you please tell me - and this is very important - is the child willing to sign a statement and/or talk to the DA (prosecutor) and admit that she lied?

OR, do you have or do you feel that she can be recorded (secretly) confessing that she made the incident up?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

Yes the child is willing to sign or be recorded


 

Expert:  Ely replied 11 months ago.
Thank you, XXXXX XXXXX while I am typing out my answer, please.
Expert:  Ely replied 11 months ago.
Friend,

What someone in his situation may wish to do is to:

(1) have her recorded admitting that she made this up. It is not unlawful to record someone without their knowledge provided that at least one party in that conversation knows that the conversation is being recorded, and this may be the person recording the conversation. Ga. Code Ann. § 16-11-66(a). If the prosecutor does not drop the charges, this recording may be used as evidence at trial;

(2) have her go to the prosecutor and admit the lie, wherein the prosecutor may drop the charges; and

(3) if necessary, get another attorney to push the two things above. If the accuser is reneging on their story, the defense attorney should be pushing to get this dismissed. So if his current attorney is not listening, then another should be retained to act on this, even if it means firing this one and retaining another.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 11 months ago.

I will but will I be entitle to a refund of any fees? Thanks for your help


 

Expert:  Ely replied 11 months ago.
Friend,

This depends on what kind of representation agreement he and the attorney entered.

1) If this was an HOURLY agreement with a retainer, then he would be able to get back whatever hours on the retainer the attorney did not bill;

2) If this was a flat fee, he should get back whatever is REASONABLE since the attorney withdrew half-way.

If the attorney proves not cooperative, the Bar can mediate via a special program if one files for it - see here.

Often, the attorney will capitulate if this is filed, to avoid bar scrutiny.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 11 months ago.

Thank you for your help I will seek another attorney with the court date coming up on the 30 th I felt he dropped the ball and we are just lost. Thanks again

Expert:  Ely replied 11 months ago.
You are very welcome. That "lost" feeling will evaporate as charge is taken.

Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87229
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Criminal Law Specialists are ready to help you

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