Legal Question in Criminal Law in California

attorney payment

If the charges against a person are dismissed, does he still have to pay his lawyer? Is there recource if you are wrongfully accused. What would make the district attorney dismiss a charge. Thank you ever so much.


Asked on 11/22/06, 2:17 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: attorney payment

Let's see: the lawyer got the charges dismissed through his skill and use of the facts, and you ask if you need to pay him? Duh!

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Answered on 11/22/06, 1:38 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: attorney payment

Of course the defendant still has to pay his lawyer! Why should the lawyer have to work for free -- especially since her efforts are almost certainly what led to the dismissal?

Consider the alternative -- that defense lawyers would only be paid when they lose. Now imagine you're a defense lawyer. What incentive do you have to get the D.A. to dismiss the case? Why would anybody become a defense attorney in the first place?

There are rare cases in which the charges are dismissed before the lawyer does anything. In those cases the language of the fee agreement dictates whether the client owes anything to the lawyer.

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Answered on 11/22/06, 4:26 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: attorney payment

Imagine a society where your criminal defense lawyer gets paid only if you get convicted and sent to prison.

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Answered on 11/22/06, 2:37 am


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