I have several questions at issue here about my attorney. The primary question is whether or not I'm being overcharged, and why this attorney is wanting money up front.Just some brief details of my case...I am a 46 year old male from a large city in Kentucky. I have never done illegal drugs, nor have I drank alcohol since 2005 when I was diagnosed with congestive heart failure. I have never been arrested and have no criminal record other than traffic tickets when I was in my teens. I host karaoke on Friday night in a small town in rural Kentucky.I was approached by a female who was drunk and on some kind of foreign substance wanting me to play dance music. When I explained to her it was karaoke night and I had close to 40 singers in the list, and was not going to play dance music, she cussed me and left the stage. I had noticed before this that she was randomly taking swings at other people out on the dance floor.A short time later, this woman got in a fight in the ladies bathroom. The owner of the club threw her out, but she did not leave the property. She waited outside the front door and called the local police on her cell phone and asked them to come because SHE had been assaulted in the ladies bathroom. It also turns out that it was her brother who is a deputy sheriff that called the town's police department and reported it.When two town police officers arrived, she paraded them around the room and every woman she identified as assaulting her in the bathroom was incorrect. When she got to the stage, she point to me and said "...and that man threatened me with a gun!"The police officers motioned me over to the edge of the stage. The exchange was as follows:Cops: "You don't have a gun on you, do you?"Me: "No, and I don't own a gun."Cops: "Do you mind if we search you?At this point in time one of my singers had ended and I needed to put another one up to sing.Me: "Well, let me put this next person on to sing, and you can search to your heart's content."Cops: "We need to search you now."Me: "I need to do my job."Cops: "Get your f---ing a-- down here now!"Me: "I think you need to mind your own f---ing business and let me take care of mine!"At this point I turned around and began to walk back to my computer and put the next singer on. The two cops grabbed me from behind, and we all landed in the floor. They both began beating me with their sticks. I was able to push one of them off me. As I attempted to push cop #2 off me, cop #1 tasered me. I yelled "Stop! I have a bad heart!" Cop #1 then tasered me again only much stronger than the first time, to the point that I thought I was having a heart attack. They searched me and obviously no gun was found.I was handcuffed and taken to the county jail where the jailer wouldn't accept me because he thought I was having a heart attack. I was then taken to the hospital, where blood was drawn confirming that I had no alcohol or drugs in me. I was never told I was under arrest until I was released from the hospital a couple of hours later.The police have fabricated a false police report in an attempt to cover up their use of excessive force and imcompetence. They have charged me with:2 counts of Felony Assault on a Police Officer, 3rd Degree1 count of Resisting Arrest1 count of Disorderly ConductMy attorney is wanting a lump sum up front of $7,500.00 to defend this case. Up to this point, I could have gotten the same results without counsel:Not guilty plea at Arraignment in District Court.Rejection of county prosecutor's offer of a 6-month suspended sentence, since I didn't assault anybody.0Referral to a Grand Jury.Grand jury indictment.Not guilty plea at arraignment in Circuit Court.Discovery hearing where the prosecution only has the two cops and the drunk woman as witnesses.Rejection of state prosecutor's offer of one year incarceration.I have 11 eyewitnesses supporting my side of the story.I am wondering if my attorney is overcharging for his work or lack of work.I am also wondering why he threw a fit when I asked if he would seek a change of venue.In addition, I am wondering why he doesn't want me to go to the FBI, since it appears to me that there are several flagrant "color of law" violations here.
Country relating to Question: United States
State (if USA): Kentucky
Fees will vary widely from area to area and even attorney to attorney. Fees are based primarily on the specific charges and the attorney's experience. While my firm would have likely taken the case for a bit less, I would suggest that the fees, while perhaps a bit high, are not unreasonable.
As to the change of venue and request to contact the FBI, I can really only speculate. My speculation is that the attorney does not want to pursue the change of venue as he does not believe this would be successful. A change of venue is extremely rare and only occurs in very unusual circumstances. Regarding the FBI, any charges/allegations/lawsuits against law enforcement should likely wait until your case is resolved. Unless/until you are acquitted, there is a presumption that your arrest was appropriate and lawful. Once you get the case dismissed, you will have more leverage against law enforcement.
Please let me know if anything requires clarification.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
Thank you for the answer, Joseph. Just one more question I forgot to ask. Based on the fact that the prosecution has only the two corrupt cops and the drunk/on drugs woman as witnesses, and no video, and based on the fact that I have 11 eyewitnesses and can produce over 20 character witnesses if required, what are my chances for acquittal?
Please understand that it would be impossible for me to accurately predict the results of a criminal Jury Trial. Candidly, it's impossible to predict the outcome even when you are the attorney trying the case with the jury. With this understanding....
I would suggest that you have a compelling case. While officer Testimony is usually rather persuasive to a jury, it certainly can be refuted. If you have eleven witnesses that would testify 1) contrary to the officers and 2) to a similar fact pattern, then I would think that you have an excellent chance of prevailing at trial.
I have 15 years experience in the legal field, currently specializing in criminal and family law
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