Re: questionable att. actions
Posted by Prairie Dawg on 12/12/03
On 12/11/03, treeman48507 wrote:
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> In 2000 I was arrested on several
> charges , I was represented by my retained attorney.
> There was 2 incidents that the charges resulted from,one
> was a firearms charge and the other firearms and drugs.
> The firearms only charge {misdemeanor} I wanted throwed
> out. yet the att. insisted that I take a charge so that
> the prosector. wouldn't bring charges later. He told me
> that I'd only get 1 year probation and $500
> fine,reluctantly I took him at his word.
No attorney can guarantee what a judge will do under any
circumstances. Judge can reject a plea agreement or a
negotiated sentence.
I'm assuming that the reason he advised you to plead on a
misdemeanor was to prevent it being upped to a felony based
on some other incident that had not yet come to the attention
of the prosecutor. If that's so I might have advised you to
do the same thing, particularly if a second felony could have
gotten you more time or moved you into habitual offender
status.
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> He also had the ongoing other case ... when at sentencing
> for the misdemeanor he told me that if i didn't roll in
> the other case i was going to jail. I refused to roll. He
> then went to chambers to the judge who sentenced me to
> jail. I was quite surprised! During the reading of the
> sentence the lawyer "dictated" the sentence almost for the
> judge too the point the judge warned him to stop. the att.
> was suppose to represent me later that day in another
> {family} court , he didn't show. I lost by default.
If there was a hearing that he was supposed to attend and did
not and you lost by default that's malpractice. Contact your
state attorney disciplinary authorities and consider a civil
suit for damages.
While
> setting in jail he visited me {3 weeks later},to talk
> about the felony case. I asked him what am I doing here !
> he was suppose to be my defense- he replied "I thought it
> would good for you" . I didn't know at the time the guards
> was listening to every word . They felt I might blow
> up ,but maintained their distance because I didn't. I
> proceeded to fire the att.,the guards had to let him from
> the room and stated to me that if that was my lawyer that
> I had better get another one{which I had}.I found out that
> I'm not the only one he's done this to. He
> also “collected” a additional $ 1500 from my elderly
> parents while I was in jail I was to learn later. Saying
> that he could get me out using this money. Unbelievable.
> Please Help..Thanks in advance - Michigan.
If what you say is true obtaining money in this way is
questionable. A lot depends on what he subsequently did with
it.
What happened to the firearms and drugs charge?
Posts on this thread, including this one
- questionable att. actions, 12/11/03, by treeman48507.
- Re: questionable att. actions, 12/12/03, by Prairie Dawg.
- Re: questionable att. actions, 12/12/03, by tim taylor.
- Re: questionable att. actions, 12/12/03, by treeman48507.
- Re: questionable att. actions, 12/23/03, by treeman48507. .