Recent Feedback
I was arrested for 2 counts of obtaining controlled substance by Fraud. The prosecutor agreed to drop 1 count. However, the prosecutor wanted me to agree to drug court & made a stipulation that if I accept this offer my atty had to agree to not take the depo of the 2nd dr. My atty never advised me that the prosecutor wanted him to agree that he would not take the 2nd dr's depo. My attorney advised me to contact this dr. and try to get him to sign an affidavit stating he knew of my other dr.. Not knowing any different, I contacted him & at first he said it would not be a problem to get me what I needed. After that conversation, he refused to speak with me, see me, etc.. I became so frustrated that I left a note on his car asking for him to sign the Affidavit. He filed a complaint with the Prosecutor and they want to charge me with tampering w/a witness. Of course my atty will not tell the prosecutor the reason I contacted the dr. was because he advised me to. What should I do?
Optional Information: State/Country of Question: Florida Already Tried: I spoke with the prosecutor's boss, as he and my father (who is a former prosecutor)have known each other for many years. I explained the issues to him. He said he will look into it and get back w/me. I few days later I learned, through a friend in the system, that they have issueed a warrant. I feel as though I'm being punished for something my atty. advised me to do. I was simply following his advise. Until all of this, I have never been in trouble for anything. I thought I was doing the right thing by being up front with the 2 doctors I was seeing, and telling each of them about the other. It is even documented in one of the dr's file and that's why the prosecutor is willing to drop that charge.
You should have your attorney get the tampering charge dropped as it was the result of a miscommunication between you and your attorney. IF your attorney has any kind of a relationship with the prosecutor at all this should be easy to do.
Unfortunately, I learned after hiring him that he does not have a good relationship with the prosecutor. Furthermore, this prosecutor is one of those young attorneys that is out for blood on even the most minor of charges. And I don't feel that this was a miscommunication at all between myself and my attorney. He knew exactly what he was asking me to do. And he knew it was wrong.
<p>if you are not concerned about terminating this attorney, tell the prosecutor what happened. Then report the attorney to the bar. </p>
I've already decided to terminate my atty. & I've already told the head prosecutor what happened. He indicated that even if a warrant is issued, they will end up dropping the charges. So why even have one issued? And if the judge issues it, can the prosecutor ask that it be dismissed?
I told my atty. that unless he steps up and takes responsibility for what he advised me to do then I will report him to the bar. Is there anything else (legally) I can do to this atty.? He has cost me a lot of money and I feel he has hurt my case and any chance I may have had for the charges to have been dropped.
Thank you so much for your time.
Yes the prosecutor can request that the warrant be withdrawn by dropping the charge associated with the warrant. In addition to reporting the matter to the bar, once the case is over you can file suit against the attorney for legal malpractice.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.