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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 550
Experience:  Attorney and Counselor at Law
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I red a criminal lawyer who talked to s connections in the

Customer Question

I hired a criminal lawyer who talked to his connections in the state attorney's office prior to my arraignment. The results were good, but not great. He had the complete weak, ba charges reduced: one felonys dropped, misdemeanor dropped, and says I should take a deferral on the last one because the cop is irate. Both felinies were for assaulting officers. Total bs. He does not know which officer was irate nor which felonys charge was dropped and did not speak to the officer on my behalf, explaining to go easy because of x,Yiz reason plus it was bogus. He is irate because I insulted him after he falsely arrested me while flirting with me prior. My arraignment is tomorrow m. My attorney is not going. He entered a not guilty pleas but says I take the deferral or go to trial. I think he could be talking to the officers and other state attorney officials and getting the last felonys dropped. Especially the officer because one look at a TSA tape proves it was bs, I sustained serious I furies and fallout. I suggest it to my attorney but he blew it off because I was perhaps not clear and he asked me not to cite what prior attorney's I consulted with said. I paid him a lot of money. He will not be at my arraignment tomorrow. What are the rules on firing and hiring a new attorney, money back, etc. And when can then new attorney talk to the police officer and others and try to get the last count dismissed as well? Can it happen prior to arraignment and how can I fire my attorney. I hired him because I knew his father -- and he is a big name in Florida I think good rep and nationally. But I think he did the bare minimum and is not working hard enough and I made a mistake when another lesser known but honest attorney who was a friend was very open about his plan and quoted me a price with expungement. I was scared and made the wrong choice and burnt the bridge. Can I get my money back and can the third charge be dropped before it's filed with arraignment tomorrow.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello My nae is Colleen Grady. I have been an attorney for 26 years. I will help you with your questions.

Expert:  Colleen Grady replied 1 year ago.

Can you tell me what county in Florida is?

Expert:  Colleen Grady replied 1 year ago.

I am looking at the Florida rules but want to see if there are local court rules that control how to release your attorney and get another.

Customer: replied 1 year ago.
Hi, Miami- Dade
Customer: replied 1 year ago.
Sorry for the delay. Are you still there?
Expert:  Colleen Grady replied 1 year ago.

Yes. Did you sign a retainer agreement with this attorney?

Expert:  Colleen Grady replied 1 year ago.

When you paid the money to the attorney, did you sign an agreement? Do you have it?

Customer: replied 1 year ago.
I sent the money yesterday and today and she sent me the retainer today after they received the money but I have not signed it or sent it back
Expert:  Colleen Grady replied 1 year ago.

You may want to consider not signing it. Without a signature there may not be an agreement. Let me look at the Ethics Rules. Another question, have you asked for the money back?

Customer: replied 1 year ago.
He has put in motions and met with his people at the state's attorney's office but that's it. Not attending my arraignment tomorrow, not sure which cop is irate not speaking to him. It is certainly the areas eating officer all all of the charges are bs
Customer: replied 1 year ago.
Not yet. He told me tonight what happened and told me to talk the deferral. He also said all of a sudden without an explanation why of course I can get an expungement when prior he made it very clear there were rules about that. Also, he said not to bring up what other attorneys talked about and has no plans to talk to the irate officer. The whole thing was a travesty of justice and has caused me serious injury and fallout.
Expert:  Colleen Grady replied 1 year ago.

The attorney are permitted to talk to prosecution witnesses but it is the choice of the witness if they want to talk to the attorney for a defendant. However, they can talk to them about the facts. They can't put pressure on the witness to drop charges.

Customer: replied 1 year ago.
What can I do?
Expert:  Colleen Grady replied 1 year ago.

When you agreed to send the money to the attorney, did the attorney agree to be an your arraignment?

Customer: replied 1 year ago.
But they can talk to the police, check their records, explain that I am disabled and that they acted incorrectly and to consider being lenient about letting the charge be dropped
Expert:  Colleen Grady replied 1 year ago.

Yes, they can talk to them. They have to be careful. They can interview about the facts. If you are charged with a felony it would very unusual that an entire case be dropped prior to arraignment.

Expert:  Colleen Grady replied 1 year ago.

If you gave money to the attorney, I need to know if the attorney agreed to appear at your arraignment?

Customer: replied 1 year ago.
He said at first that 7500 would be his fee up until arraignment and could not give me an estimate moving forward. In the meantime I was going to hire another attorney who outlined his plan and who expected to start work on my car on Thursday I emailed him last minute because at the last minute this "famous" and more experienced attorney said he'd do it for flat fee. He did his initial chats and today told me to talk the deferral and that he was taking a long weekend and to think about it. Deferral or trial and call him Minday
Expert:  Colleen Grady replied 1 year ago.

You don't have to take a plea you do not want. The attorney gives advice. You have a choice to take it or not.

Customer: replied 1 year ago.
At first he quoted me the same price up until after arraignment, which I can only assume means presence at arraignment he promised only he would handle my case and no one else from his firm
Expert:  Colleen Grady replied 1 year ago.

Yes. So, if he is not appearing at the arraignment, he is not living up to the agreement and should refund your money. Look at the retainer you have not signed. Does it say he agrees to appear at arraignment?

Customer: replied 1 year ago.
He said a deferral is not a plea Znd has no bearing on a civil case I plan to file for the injustice I suffered and fallout and expense. But he has no plans to speak to officers and does not know which officer was irate or why
Expert:  Colleen Grady replied 1 year ago.

https://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTM Here is a link showing the rules of attorney ethics in Florida. The lawyer has to abide by the client's decisions.

Expert:  Colleen Grady replied 1 year ago.

Does the retainer say the attorney has to appear at the arraignment as you verbally discussed?

Customer: replied 1 year ago.
I just read it and the first thing it says is fees are non/ flee findable. It is also the most self-serving retainer agreement I have seen which includes other costs as deemed necessary at the trial level when he agreed verbally to nothing besides the flat free
Expert:  Colleen Grady replied 1 year ago.

I have something on that for you.

Expert:  Colleen Grady replied 1 year ago.

Does it say "Flat Fee"?

Customer: replied 1 year ago.
Should I attach it?
Expert:  Colleen Grady replied 1 year ago.

You can.

Expert:  Colleen Grady replied 1 year ago.

https://jcorsmeier.wordpress.com/2012/08/17/florida-bar-ethics-opinion-93-3-states-that-fees-designated-as-non-refundable-may-be-excessive-and-prohibited-under-certain-circumstances/

Lawyers are allowed to say fees are "non-refundable". My question is: Did you know this when you agreed to send the money? Did you understand that the attorney would be at the arraignment for the fee?

Customer: replied 1 year ago.
Hanging a hard time sending
Expert:  Colleen Grady replied 1 year ago.

Don't worry. Try to answer the questions I just asked. You have not signed the retainer so right now it is what was said between you and the lawyer

Customer: replied 1 year ago.
No, I did not he said what if I told you tmyou would never have to pay more than 7500
Expert:  Colleen Grady replied 1 year ago.

If you want to attempt to get the money back, you may want to consider faxing a letter now indicating the attorney agreed to represent you at arraignment. In the letter you may consider saying that you were not told the fee was "non-refundable" and because you did not agree to this, you demand the $7500 back. Fax that now. Indicate you will not sign the retainer as the attorney did not inform you of the "non-refundable" fees. You may consider saying that you do not believe the attorney is not offering you zealous representation.

Expert:  Colleen Grady replied 1 year ago.

In the faxed letter you may also consider saying that you do not agree with the attorney's behavior in saying "take the plea" or I will not appear at the arraignment.

Customer: replied 1 year ago.
then my arraignment is tomorrow. If we withdraws as counsel I will have no one there I live in NYC and am under extreme pressure and disabled. I will be issued a warrant and the profiling work another attorney promised I'd not done, nothing is done.
Expert:  Colleen Grady replied 1 year ago.

You can also say in the letter that the attorney represented that he could get an expungement.

Expert:  Colleen Grady replied 1 year ago.

That is why I want you to fax it to his office. He has to appear at the arraignment if he agreed to this.

Expert:  Colleen Grady replied 1 year ago.

Put everything he agreed to in the faxed letter.

Expert:  Colleen Grady replied 1 year ago.

You will have representation. If there is no lawyer there, the Legal Aid Attorney will represent you at the arraignment.

Expert:  Colleen Grady replied 1 year ago.

I am really sorry you are going through all of this pressure.

Expert:  Colleen Grady replied 1 year ago.

At the arraignment charges will be read to you, you will plead not guilty. Then the judge will decide if there should be bail or you can be released on your own recognizance called ROR

Expert:  Colleen Grady replied 1 year ago.

Do not make any statements in court. They can be used against you.

Expert:  Colleen Grady replied 1 year ago.

When you said the lawyer is saying "take the deferral" what exactly is the plea they are offering you?

Customer: replied 1 year ago.
If he withdraws representation and I am not there I will be issud a warrant. I am in NYC very ill and will not be there. I emailed them what you said, but then I risk having no council present. I am always in this situation because I suffers a tragedy am obviously disturbed and have no support. Layers have all taken me for a ride. Doctors and people too. It is my fault for showing vulnerability. This time I thought I made the right decision because he promised me that my relationship with his deceased father made this case priority and of course I fell for that. I am also too tired to fight anymore.
Expert:  Colleen Grady replied 1 year ago.

You could contact the court clerk and indicate you are ill and in NYC and your

Expert:  Colleen Grady replied 1 year ago.

attorney indicated he will not show for the arraignment

Expert:  Colleen Grady replied 1 year ago.

The judge will call the attorney.

Expert:  Colleen Grady replied 1 year ago.

I have seen this done before.

Expert:  Colleen Grady replied 1 year ago.

If you give me the name of the court, I will give you the phone number.

Expert:  Colleen Grady replied 1 year ago.

You would need your case number ***** you have it when you make the call.

Customer: replied 1 year ago.
I said no deferral I m not taking a plea it sounds like a plea and he said it is not a plea or admission f guilt it is a free ticket if I take a class and no different from a dismissal and would actually benefit me when I starva civil case
Expert:  Colleen Grady replied 1 year ago.

If you are being offered that, this is a good offer.

Expert:  Colleen Grady replied 1 year ago.

You started with a felony.

Expert:  Colleen Grady replied 1 year ago.

Can you record be sealed? Did he say that?

Expert:  Colleen Grady replied 1 year ago.

If there is no admission of guilt, this is a good plea offer

Customer: replied 1 year ago.
It was two bs felinies, total bs for assaulting two police officers, not true, and a misdemeanor for disorderly intox which is also bs. All charges should be dropped and a deferral is an easy way to do not work for me. I am innocent and the irate cop should have been contacted by my attorney. A deferral is not a get out ofjail free pass plus is was a false brutal arrest
Expert:  Colleen Grady replied 1 year ago.

Your case can be over today if the attorney is saying this.

Customer: replied 1 year ago.
I said no plea and my attorney said a deferral is not a plea. Are you saying it is?
Expert:  Colleen Grady replied 1 year ago.

It means you do not plea. You agree that the prosecutor will not go forward with the charges if you agree to certain conditions

Expert:  Colleen Grady replied 1 year ago.

They defer the charge for a certain period of time. If you met the conditions, the case is dismissed.

Expert:  Colleen Grady replied 1 year ago.

One of the conditions will be not getting any new charges in the future.

Expert:  Colleen Grady replied 1 year ago.

This is the best case scenario with a Felony charge. It is rare that charges are dropped in felonies.

Customer: replied 1 year ago.
The attorney was supposed to be at my arraignment and from what I understand he should have spoken to the officers. I on't believe thatvacdeferrreal is easy. I did nothing wrong but have to take a course itwhatever. Hell
Expert:  Colleen Grady replied 1 year ago.

I understand your feelings. To go forward to hearings and trial is going to take a long time. This could be over. Also, you are not admitting to anything. From what you said the attorney said you will not agree to the facts.

Expert:  Colleen Grady replied 1 year ago.

This is called "nolo contendere".

Expert:  Colleen Grady replied 1 year ago.

which means you are not contesting the facts.

Expert:  Colleen Grady replied 1 year ago.

You can contest the facts but it will take time and money.

Expert:  Colleen Grady replied 1 year ago.

If you want to go forward, I believe your attorney has to go to your arraignment. That was your agreement.

Expert:  Colleen Grady replied 1 year ago.

Do you want me to give you the number to the court clerk so that you can tell them the attorney has told you he will not appear?

Customer: replied 1 year ago.
Well I believe he is starting wary vacation and said to take the deferral rather than trial
Expert:  Colleen Grady replied 1 year ago.

As I said, this is a best case scenario in a felony case.

Customer: replied 1 year ago.
but how will I get my money back and how will I get an attorney to speak to the @irate officer and convince him to let it go so this one is dropped before filing as well?
Expert:  Colleen Grady replied 1 year ago.

http://www.miami-dadeclerk.com/contact.asp Here is a link to the court in Miami

Expert:  Colleen Grady replied 1 year ago.

You already sent the email to attempt to get the money back. Call him later to followup.

Expert:  Colleen Grady replied 1 year ago.

I think if this attorney would probably have gotten all the charges dismissed if he could. You said he got a felony dismissed. Prosecutors are not generous in dropping charges. I worked for 9 years in such an office.

Customer: replied 1 year ago.
who will appear on my half, speak to the officer on my behalf, get him to ease up and let it go? That was my other attorneys plan.
Expert:  Colleen Grady replied 1 year ago.
Court clerk number
Expert:  Colleen Grady replied 1 year ago.

You can tell the clerk you paid an attorney who said he will not appear. I have seen judges call attorneys and get them to come to court.

Expert:  Colleen Grady replied 1 year ago.

Have you called the other attorney to tell them this happened?

Expert:  Colleen Grady replied 1 year ago.

If not, do so and see if they will appear at the arraignment for you and speak with this other attorney.

Customer: replied 1 year ago.
My other lawyer was confident about it. This guy is a celebrity lawyer and spent anhour talking to higher ups but not the whole distance. Cases like mine are like 7500/hour to him. He's very busy on CNN and all over the national news. I made a mistake because I know that cop was wrong
Expert:  Colleen Grady replied 1 year ago.

Call him and see if he can still help

Expert:  Colleen Grady replied 1 year ago.

If you have no further questions, I ask that if you are satisfied with my help today that you rate my service. I am sorry for all the trouble you are going through and I wish you luck fighting this.

Customer: replied 1 year ago.
I am imploding. no matter what I seem to get screwed. And I believed this guy. I should have gone with my college buddy and now he won't speak to me
Expert:  Colleen Grady replied 1 year ago.

I will be around later if you need to followup after you have tried what I have suggested.

Customer: replied 1 year ago.
No, he won't. I need someone there who will get the irate cop to chill out and dismiss all counts and tell me the truth
Expert:  Colleen Grady replied 1 year ago.

I am following up to see if you were successful in getting the attorney to give you your money back and if you contacted the clerk of the court by the phone number I gave you?

Customer: replied 1 year ago.
Hi, not yet, but the other attorney I was going to hire is angry and will not take my case. He was going to speak to the arresting officer and other's in state attorney's office and ask the officer to go easy on this for xyz reasons. The state attorney's charge won't dismiss because they say the officer is irate, if the officer is spoken to and convinced to go easy, can the state attorney's office then dismiss? It was a bogus arrest. And I was unaware they were officers. I simply asked one of them to hold my coat at the airport because I was in pain. I am disabled and I thought they were airline security helping me
Expert:  Colleen Grady replied 1 year ago.

It is possible. If he willing to not press charges, the state's attorney may not go forward. But it is all up to the state's attorney. If they think they have a case, even if the officer does not want to testify, the state's attorney can go forward with the case.

Customer: replied 1 year ago.
The state's attorney know it's a weak case but the said they wouldn't drop the 3rd charge because the officer is irate. If my lawyer can calm him down and make him see things differently can he then inform the state's attorney that he is willing to let it go?
Expert:  Colleen Grady replied 1 year ago.

The short answer is yes. It is possible. However, it is the State's Attorney who decides whether to drop a case. It is not up to the police officer.

Customer: replied 1 year ago.
According to my lawyer who is a big name etc etc and is only representing me at the high but in his words nominal fee because of my relationship with his late father ( my eye doctor) he's gone straight to the top. But he is not doing more than that. He's not getting his hands dirty because he's too busy representing huge celebrities and appearing in the media. He promised that because of his dad he felt a connection and would not f-- up this case, but he is
Expert:  Colleen Grady replied 1 year ago.

Did you decide to stay with that lawyer? When we communicated on Friday he had told you he was not appearing at the arraignment. I had advised you to send him the letter about zealous representation, which you told me you emailed that day.

Customer: replied 1 year ago.
Hi, not yet. I did not sign the retainer. I do not know if he went to my arraignment or not. I told him I want him to do everything in his power to get the officer to drop the charges and then use his connections to get the state's attorney's office to drop it. But I don't know if he will because he does think of himself as a superstar. Unfortunately I should have gone with the other lawyer who was a friend from college, cheaper, had outlined his plan, and agreed in include expungement, but he is so angry at me for going with this other guy he will not speak to me or take my case back. I made a mistake. I have been making one bad decision after another because of cognitive impairment from Trauma
Expert:  Colleen Grady replied 1 year ago.

I wish you luck with everything. Hang in there.

Customer: replied 1 year ago.
Wait, so I sent him the email today with the request. It is something every lawyer should do before pushing me to take a deferral. If he says no, can I still fire him. Also, what you said about not signing retainer agreements, does that hold in every state?
Expert:  Colleen Grady replied 1 year ago.

You can fire your attorney at anytime and hire a new attorney. However, if he went to the arraignment and/or you continued to receive advice from him, the question will be how much, if any, of the retainer can you get back from him.

Customer: replied 1 year ago.
The retainer says non-refundable.
Expert:  Colleen Grady replied 1 year ago.

https://jcorsmeier.wordpress.com/2012/08/17/florida-bar-ethics-opinion-93-3-states-that-fees-designated-as-non-refundable-may-be-excessive-and-prohibited-under-certain-circumstances/ Lawyers are allowed to say fees are "non-refundable". Please see this link that I sent to you several days ago when we first discussed this.