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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I red an attorney to represent my son in a federal case in

Customer Question

I hired an attorney to represent my son in a federal case in North Carolina. My son was sentenced in September 2014 and is currently in federal custody. He cooperated with federal prosecutors to provide information and testify against another defendant in a separate case. He was told that he would receive some relief and possibly a sentence reduction for his cooperation. He asked me to contact the attorney who represented him to contact the federal prosecutor to see if a Rule 35 motion was filed on his behalf. I contacted his attorney and was told that because I have not paid him the entire amount that was agreed upon that he could not/would not provide any additional services. All I wanted him to do was simply make a telephone call to the prosecutor to find out if the motion has been filed. My son told me that he found out that his attorney is obligated to provide representation of up to one year after the cooperation was provided to the federal prosecutor. If that is in fact true he provided the information in July 2015 som a year has not yet passed. I am totally confused and I do not know what to do. Any information or insight you can possibly provide will be greatly appreciated. Thank you in advance for your time and considertions. I look forward to your response.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

This is Samuel and I will discuss this and provide you information in this regard.

So your son believes he would get free representation from this attorney as part of some plea deal where he turned state's evidence?

I suggest that is highly unlikely. There is no obligation for an attorney to stay with a client once the matter has been resolved. And if you owe the attorney money, they certainly are not going to work for nothing and begin an appeal.

I suggest, that if it is a simple question of was the Rule 35 Motion filed you can call the clerk of the court, reference your son's case and the clerk can tell you if it has been filed and when and they can send you a copy.

You also can call the prosecutor's office yourself on behalf of your son to see if it was filed.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you