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Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27005
Experience:  Began practicing law in 1992
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Hi, I have been accused of forging documents for a car loan.

Customer Question

Hi,
I have been accused of forging documents for a car loan. All of the evidence submitted against me by a Credit Union is False and was Not submitted by me personally. I am due in Court tomorrow and I have already asked for a Continuance. I have Not been able to come up with a 10,000 Retainer as required by two Attorney's I have asked to represent me. They will Not represent me, until the Retainer is paid....I am a Good person, who got sucked into into an Internet scam and despite my efforts with resolving the matter with the bank, they simply decided to enact upon this legally, and my entire life/Career hangs in the balance. I am a Professional in Computer Data Storage and I make a Decent salary, over 6 figures but I haven't been able to raise the cash for the retainer due to the past five years of a bad economy...I have been struggling like countless people in this Country and raising 10,000 in a quick situation just isn't possible immediately. I have to walk into Somerville District Court tomorrow morning and I have no Attorney... I am so Distraught over this that the past 5 months of my life have been hell for me...Not being able to Immediately provide the minimum Retainer has me reeling in self depression...I don't know what to do...I am So Willing to pay for the representation of a good Attorney, but I can't meet the high fee. Please, Help.
Thank You for Your Time
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

I read your facts, is there a specific question I could assist you with?

JD 1992 :

I need you to be as specific in your question(s) as possible. When we answer general ones we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer:

I Need an Attorney who would be willing to accept Payments over a short time for their Fee.

Customer:

I simply can Not raise 10,000 dollars quickly

Customer:

Or so I have been Quoted...

JD 1992 :

Have you considered using a court appointed attorney?

Customer:

I make Too much on my Salry

Customer:

Salary

Customer:

They Will Not provide one.

JD 1992 :

Have you applied?

Customer:

Funny you ask.

Customer:

Because Yes, I did Fill out the Form in The Probation Office, but they told me directly, that my Salary would Not make this happen

Customer:

The Officer Told Me I would need to be Unemployed and possibly receiving Welfare or something like that....

Customer:

I MUST PAY for an Attorney so they told me

JD 1992 :

A person must be represented by an attorney in a felony charge unless they waive the right.In your case, call a few more attorneys and get prices from them, asking each about a payment plan. You can then go in and tell the judge that you have tried to hire an attorney, provide names, and explain that you have been unable to do so since you don't have that much money up front and the attorneys will not accept payment plans. That makes it necessary for the court to appoint an attorney, at least for now.

JD 1992 :

The probation officers don't make the decision and don't know the law, that is up to the judge.

JD 1992 :

The judge will either appoint one or give you a while longer to get the money together.

JD 1992 :

If he asks how long you need be sure and don't tell him less time than you will need because he will hold you to it.

JD 1992 :

He may also ask of you have tried to borrow the money so be prepared for that question as well.

Customer:

Sadly, I can not...I have tried.

Customer:

Also Understand that to me, this is a Private matter...

Customer:

I can't Tell Everyone Why I need to borrow the money...

Customer:

So you understand, and I've been told...

JD 1992 :

I understand your feelings but a judge is going to want to know you tried everything possible to get the money including borrowing.

Customer:

The Reason for the High Fee is because of the Shear Amount of Paperwork to prove me innocent

Customer:

That will be required

JD 1992 :

$10k is not an unreasonable fee for a case like this.

JD 1992 :

It may even be a tad on the low side.

Customer:

So im screwed because I can't pay upfornt

Customer:

upfront...

Customer:

Guess I will have to sell my house and car...

JD 1992 :

No, if you do what we discussed above the judge will likely give you more time.

Customer:

Property Values have dropped over the years, Equity is not possible

Customer:

I appreciate that.

JD 1992 :

They know that you have to have a lawyer to proceed with this.

Customer:

Be Honest, Upfront and Commit or else...

JD 1992 :

Did you bond out of jail?

Customer:

NO!

Customer:

God No.

JD 1992 :

Were you arrested and taken to jail?

Customer:

I was simply Accused by the Bank, who compleined to the police

Customer:

and the police filed the charges

Customer:

Against me.

Customer:

No Arrests.

Customer:

I have been Cooperative.

JD 1992 :

If you explain to the judge that you tried to hire lawyers and ask for additional time to do so the judge is likely to grant it.

Customer:

If it helps and works, I will be in your debt;)

Customer:

But

Customer:

Please, Please find me an Attorney who can at least accept a retainer of 4,000 with $500/month as needed. I will Guarantee the payments as required. Either from my PayCheck, Bi-Weekly or direct commitment in Writing if needed. I am just Soooo distraught with this...

JD 1992 :

We can't find attorneys for you or give referrals on here.

Customer:

I want it over...

Customer:

Huh?

JD 1992 :

We aren't a referral service.

JD 1992 :

We provide our time and information on legal topics.

JD 1992 :

Nobody can provide referrals to attorneys for pay, it's illegal.

Customer:

Wow...Then, You are a Criminal Attorney, Right?

Customer:

Providing Advice?

JD 1992 :

We don't provide legal advice, as all the click throughs explain, we provide information. I graduated law school in 1992 and have handled hundreds if not thousands of criminal cases across the country.

Customer:

I Appreciate that. I do.

Customer:

Mat I ask you This?

Customer:

Do you know of any Criminal Attorneys who would be sympathetic to my needs?

Customer:

In MA.

Customer:

I do Not where to Look....

JD 1992 :

No, I only know a few in MA and most of them require that they be paid up front. Many will take credit cards if that is an option.

JD 1992 :

The reason most don't accept a payment plan is that in criminal cases once you sign on a judge is reluctant to let you off of the case and if a client doesn't pay then you end up doing the case for a lot less than it is worth.

Customer:

Sadly, I do have an Attorney on Record...

JD 1992 :

What do you mean?

Customer:

An attorney offered to accept being on record because the first time i was distraught because I didn't have an Attorney...

Customer:

He offered to represent me provided I accept his fee

Customer:

Which was finally presented in an email.

Customer:

Of which I could not afford immediately

JD 1992 :

Was he willing to accept a payment plan with that amount of money down?

Customer:

Didn't Specify...

Customer:

I was in Court, Asking the Court for a Court appointed Attorney

Customer:

They Said, No Way...

Customer:

He offered to go on record

Customer:

Which helped me out that day, and he asked for a few weeks to deliberate the case

Customer:

Now, Times Up.

Customer:

Sorry, I do Appreciate your advice...

JD 1992 :

You may want to contact him again but when you go to court do what I told you and you should be able to get a little additional time.

JD 1992 :

You can also ask the court if you can get an attorney appointed and pay for them through the court.

Customer:

Wow! I yhought about that!

Customer:

thought

JD 1992 :

Some courts will do that as well.

JD 1992 :

And it shows a good faith effort on your part.

Customer:

Thank You. Seriously, I am just at my wits end...I don't Frequent Courts, you know, at least for the past 30 yrs or so...

Customer:

I am just ummm scared...

JD 1992 :

I can understand being scared. However, the court is under a duty to make sure you have representation and if a lawyer won't take the case then they have to appoint one.

Customer:

Maybe I'll sleep tonight...Seriously... and Thanks. I Do appreciate the time you put in today.

Customer:

No

Customer:

Problem paying the 40 bucks...

JD 1992 :

You're very welcome.


Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.


 

JD 1992 :

I'll exit now to assist others.

JD 1992 :

Come back and let me know how it turns out if you remember.

Customer:

No Worries. Thank You.

Customer:

I Will.

JD 1992 :

Bye.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27005
Experience: Began practicing law in 1992
Dwayne B. and 10 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

I was able get a Continuance this morning.


Thank You.


Joe

Expert:  Dwayne B. replied 1 year ago.
Congratulations and good luck on this!
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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