Legal Question in Criminal Law in California

I currently have a case set to go to trial soon after one more court appearance to say we are ready. It is a criminal case against me for lewd conduct. The DA has already told my lawyer that she is going to pursue the case and will not drop it or let me plead to a lesser count. Is there any way that I can possibly ask my lawyer to have a preliminary hearing with the DA in front of a judge to see if there is enough evidence to go to trial? If so, how would I go about this? Secondly, I am also very unhappy with the way that my lawyer now is handling my case. He has sat on it and pushed it off while he attended to other cases and clients that he had. Now it is going to trial he is requesting another $20,000 dollars. Is there a way that I can switch lawyers now and is it a good idea? Lastly, if the case against me is thrown out or I am found not guilty is there a way that I can go about getting my money back for lawyer fees, time missed from work and any other things associated with the case?


Asked on 12/16/09, 5:19 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Ask your lawyer, that's what he's there for. If you want to get a new attorney, do so and ask him those questions as part of the interview/consultation process. Only they will have all the facts on which to base an informed legal opinion. If you've already waived PreLim, then he would have to file a motion to seek one. Why would you think you could get your money back after the work is done, especially if resulted in dismissal!

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Answered on 12/22/09, 10:12 am
Michael Wright Law Offices of Michael Wright

If you are charged with a felony the normal course is to have a preliminary hearing before a trial unless you were indicted by a grand jury.

Lawyers generally have more than one client at the same time. Most people are not able to afford to tie up all of an attorney's time on one case.

Sometimes it is good to get a new lawyer when your current lawyer is not doing a good job. It is often difficult for a non-lawyer client to tell whether his lawyer is doing a good job or not because the client does not understand what is going on. The solution to this is to communicate with and educate the client on the process and the law. I often find that many people in criminal cases try to judge their current lawyer based on results obtained when this may not be the best measure of the attorney's performance because the client may just have a bad case. Make sure that you are measuring your attorney's performance by the right criteria.

Hiring a new lawyer will likely delay your trial. If delay is your goal and it is apparent to the judge then the judge may not allow you to change lawyers at this stage.

You will need to identify who you would get your money back from and why?

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Answered on 12/22/09, 10:20 am


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