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    Re: questionable att. actions

    Posted by Prairie Dawg on 12/12/03

    On 12/11/03, treeman48507 wrote:
    >
    >
    >
    >
    >
    > 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.

    >
    > 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. .


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