Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. What can I answer?
I understand. What can I answer for you?
I am not sure what you are asking
You do not have to take and agree to anything which you do not want. If two out of the three charges were dropped, then you need to defend the one charge and go to trial, if this can not be worked out. It is at your discretion and often times, cases are not resolved the first time the attorneys speak and cases do need to be worked on and evidence needs to be reviewed, so see how strong a case is. He can depose and speak with the officer at any time, up until trial, so even though it may have not happened today, he can at the deposition, if one needs to be taken
You need to speak with him about what he told and PROMISED you and if he failed to deliver, then you can ask for a refund and retain new counsel.
The arraignment is the reading of the charges and you are asked to enter a plea. That is all. It is the first step in this whole process and nothing typically happens at the arraignment. If they agreed to drop 2 of the charges, then you should only be arraigned on 1 and you attorney will work the case and fight this for you. Everything can not be resolved in one day and things take time. It may be months before this even goes to trial, so you need to trust your attorney and be patient with the legal process
Every attorneys handles cases differently. The answer you shared above is one of many ways to handle the case and was a very good answer to provide you. However, it does not mean that your attorney HAS to work the case this way.
The trial could be months away and he can and likely will speak with the officer if he conducts a deposition, which he will want to do, to prepare for trial.
And the other attorney may have gotten the same response and you would be in the same exact spot. I know you want this resolve as quickly as possible but that is not the way it always happens.
Yes, you can speak with him and should. He should respond to your calls in a timely manner and keep you up to date with the progress of the case.
Yes, cause the State Attorney can dismiss the charge at any time
That is up to you and you should do what you feel comfortable with and not listen to what others tell you, unless they have a basis to support what they are saying. It is merely their opinion.
Yes, that is correct. They can speak with them and depose them throughout the legal process.
If you never signed a retainer agreement and it was never stated that this was earned on deposit and nonrefundable, then you could get your money back, less any charge for work he did on the case already.
I think you need to allow him to actually work on the case. It has just begun and as I shared, things are not resolved day 1.
That is up to you. It is at your discretion. You need to call him or email him and express your concern and demand and see what his response is.
I would simply speak with him and ask him how he intends to proceed from here. It is day 1 and this all just started. Ask him how he will defend this and advise that you do not want to take a plea and intend to go to trial, so he knows what direction to head in. If he does not agree or feels he can not represent you, then ask for your money back.
Yes, he can try and speak with the officer informally or depose them, both options before trial. As far as a refund, you said you never signed it, so it would not be binding.
It all depends on the terms and conditions but you would likely have to plea to something and possible do something, which could result in the case being dismissed. You would need to ask him what that entails.
If the end result is a dismissal of the charges, which is what you want and he can obtain that, then you may want to consider it, as long as you do not have to admit guilt.
If you go to trial, you could lose and then would have this on your record. If you do not go to trial and go with what he suggests and the case is dropped, then you know the outcome and do not have to take any chances. It is entirely up to you. You can take the sure thing or roll the dice at trial. While it may be viewed as an easy way to resolve this and lazy the end result is what matters. Also, please remember to rate my help at this time at the top of this page, so I can receive the proper credit, for our time together. Thank you.
A deferred prosecution is an agreement between someone who is charged with a crime and the State Attorney’s Office. This agreement will require that within a specified period of time, the person charged with a crime will complete all requirements in the agreement. Once those requirements or sanctions are completed and proof of the completion is provided to the State in the time required, the State Attorney’s Office will drop the charges against the accused.
Yes, what else can I answer for you? Also, please just remember to rate my help when we are done, like last time.
Good evening. This is a new question which does require a rating so I receive credit, like last time so if you could rate me at this time, I would be happy to respond. Thank you for understanding
I certainly understand and wish you the best with the situation. Appreciate your kind response and I hope this all works out for you