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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23980
Experience:  9+ years defending Misdemeanor and Felony cases.
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Re you available tonight. It is urgent. It is based on the

Customer Question

Re you available tonight. It is urgent. It is based on the same topic we discussed so i don't know if it's a new ticket or not but there are developments and again I am distrustful. I need an honest unbiased opinion. And it must be fast. I can pick another lawyer online but I have given you background. Please please let me know.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 10 months ago.

Good morning. What can I answer?

Customer: replied 10 months ago.
are you there?
Expert:  CrimDefense replied 10 months ago.

Yes.

Customer: replied 10 months ago.
I went with Galanter. he cashed my 7500 before sending a retainer which was terrible and not what we discussed. he spoke with is contacts yesterday and came back with one felony dropped the misdemeanorndropped and one felony not dropped because the officer is irate
Expert:  CrimDefense replied 10 months ago.

I understand. What can I answer for you?

Customer: replied 10 months ago.
he told me to take a deferral. however he did not know which officer was rate or which of the two felonies were dismissed, they were bother nassualths on officers and both bs. he did not plan to attend my arraignment and told me to forget everything any other lawyer said
Customer: replied 10 months ago.
however, i know he should have spoken with the irate cope and suggested he let it go and had the other felony dropped too. that is what bowman was going to do
Expert:  CrimDefense replied 10 months ago.

I am not sure what you are asking

Customer: replied 10 months ago.
bowman was including expungement in my retainer for 5000. galanter said that only happens at trial and i know that's not true. there was much that could happened with the cop to make his less irate and get that charge dropped
Customer: replied 10 months ago.
pushing me to take a deferral is not what i expected
Customer: replied 10 months ago.
i emailed him saying I expected him at my arraignment was not happy with the retainer and that i needed to speak with him about the police officer. but I was up until 6 am on this thing and missed his 6:30 call he said he'd go to my arraignment even though there's nothing to do there and attorneys never go
Customer: replied 10 months ago.
i need him to talk to the officer i know it had to be the arresting officer because I did get loud and i di insult him
Expert:  CrimDefense replied 10 months ago.

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

Customer: replied 10 months ago.
i was told to get my money back and hire new coulee but tom won't talk to me.
Customer: replied 10 months ago.
advice? I can tell you more
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
but arraignment is today, can the officer still be spoken to after arraignment? and he dif not speak about talk to cops and witnesses because everything i mentioned he said was not true and that I had to praise to not bring up what other attorney's told me. I know that the irate office would have backed down if spoken to outside the court system which someone else on here said.
Expert:  CrimDefense replied 10 months ago.

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

Customer: replied 10 months ago.
21 January 2016 11:42
MIAMILAW1127 MIAMILAW1127
Criminal Lawyer
Well, your attorney should talk to the officer outside of court. He should address the evidence, or lack thereof, and talk about what would happen at trial. He should pull the officer's IA report to see if the officer has a disciplinary history, etc. to be able to impeach his character.There is a lot he should be doing rather than pushing you to take a deferral (which is the easiest way out for him with the least amount of work on his part).
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
he said take the deferral or go to trial, but he said take the deferral the trial is going to be harder and go against me on a civil case, however i think he should speak with the irate cop before trial, that's a step he's not taking and i am not happy with the retainer and he originally had said 7500 until arraignment and then gave me a set price, which was talking to his people at the state's attorney's office but nothing else, no cops no nothing extra like the younger people there, just top brass
Customer: replied 10 months ago.
well can o tell him i want him to speak with the officer on my behalf and suggest, ask him to cool down because of x,y,z on my behalf and try to dismiss the second one too, because he distinctly said they wouldn't because the cop is irate
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
he said avoid trial, the other attorney also wanted that was going to talk to the cops before any trial to get the charges dismissed before they're listed
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
the other attorney is so mad at me he won't return my calls but his wife works in the state's attorneys office and he is on the street like that in people's ears. can i ask gl=alanter to talk to the cop before any kind of trial and move to dismiss the second felony. he also said a deferral is not a plea
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
he does but he doesn't let me talk
Customer: replied 10 months ago.
he dismisses things I say that i know are not bs
Customer: replied 10 months ago.
i need to know if the cop can still be talk to and the last felony possibly dropped if the cop comes around after arraignment and before any trial
Expert:  CrimDefense replied 10 months ago.

Yes, cause the State Attorney can dismiss the charge at any time

Customer: replied 10 months ago.
ok, so someone else told me to fire galanter asap and hire someone else
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
ok well when i first talked to you, you asis that all lawyers can talk to the police and should
Customer: replied 10 months ago.
all, sorry, so I want to know how I can ask him to, and if he refuses, can I get my money back and hire someone else
Expert:  CrimDefense replied 10 months ago.

Yes, that is correct. They can speak with them and depose them throughout the legal process.

Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
well he did not bother to check which officer placed which charge and and did not know which charge was which and gave the impression this was beneath him. my concern fro the beginning was that he did not let me talk
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
this may be above him, so to speak. i also think the retainer was misleading and another lawyer on this just answer thing last night, when I could not reach you said i should hire new coulee immediately i copied and pasted above
Customer: replied 10 months ago.
what is the most diplomatic way of handling this, i need to call him now, another counsellor on here said to ask for my money back as well. and is a deferral a plea
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
you say that is up to you but i am asking you because i am not cognitively sure of myself and often put myself in a bad position this way, so i am paying you to help ne phrase it in a unprovocative non-citizen-like, legal and non-inflammatory way, w/in my legal rights and in accordion e with what is true and fair in miami
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
i know that already. i need to know what is within legal and normal bounds, and from what i understand talking to the officer is legal and normal, he said this happens at trial. i do not want that. i want him to talk to the officer now, like the other attorneys were going to. if he does not then i want a new attorney. these were bs charges
Customer: replied 10 months ago.
i also want to know if i can get my money back because the first line of the retainer says non refundable and is the most self serving retainer I have ever read, specifying additional charges when he told he it would be 7500 flat no matter what
Customer: replied 10 months ago.
the irate cop needs to be spoken to, period, but i don't know if i can get my money back at this point either, and if so, what happens to them agreeing to drop the other two charges, which i was told by someone well versed that they can all be dropped
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
but his is my lawyer of record as of today and di speak to his people for 30 minutes, so i paid him 7500 and he's telling me to take a deferral.
is a deferral the same as a plea?
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
he said it is not a plea, but i have to take classes and complete them on line.. to me that is a plea
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
someone else referred to him pushing me taking a deferral as the easiest and laziest thing he can do. i told him that already but have missed his calls so far today. i want to speak rationally and not let him over talk me. he also said that i am eligible for expungement when before he said that's a process to find out. I checked and I'm actually not eligible so i feel he is taking the easiest route and he told me very sincerely ***** ***** of my relationship with his father he would do everything he could possibly do for me on this case.
Customer: replied 10 months ago.
he does not let me talk and when i mention things that i read or find out he says it;s not true and just to listen to him. have a right to speak and to get correct information, so again, please give me the most simple way to say this without letting him interrupt and let me speak and tell him that i want him to locate the officer and talk to him and tell him to chill out and let this be dropped because its bogus
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
i do not want to go to trial and again the other attorney was going to speak to the officers prior to my arraignment today. i want him to speak to the officer and renegotiate with the state's attorney's office to get the last felony dismissed as well.
Customer: replied 10 months ago.
you did not tell if if a deferral is a plea
Customer: replied 10 months ago.
i still don't have straight answers, please be direct.
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
hi, still there?
Expert:  CrimDefense replied 10 months ago.

Yes, what else can I answer for you? Also, please just remember to rate my help when we are done, like last time.

Customer: replied 10 months ago.
In New York we call that a plea
Customer: replied 10 months ago.
Please explain the difference
Customer: replied 10 months ago.
A plea or an ACD for minor stuff
Expert:  CrimDefense replied 10 months ago.

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

Customer: replied 10 months ago.
Hi, I'm sorry but you still have not answered my questions. It took me an hour to get you to be direct last time and still you have not been, nor do I have any information that I did not already. So, unless you can answer them, I'm going to switch to another expert. Sorry. Last time was painstakingly long to get you to be direct. This time I could not seem to draw it out. I am not satisfied with your answers. I have already read this all over the Internet. I do not need definitions. Thanks though. You were helpful last time.
Expert:  CrimDefense replied 10 months ago.

I certainly understand and wish you the best with the situation. Appreciate your kind response and I hope this all works out for you

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