Legal Question in Criminal Law in California

Confused

I have a potential criminal case against me. I have not YET been arrested or charged. But it's a posibility it will happen. In the process of looking for an attorney that will strongly HELP me I have received a wide range of opinions from various attorneys after telling these attorneys about my case. One lawyer informed me that unless I receive STRONG legal representation I WIll get jail time!! Then I was informed that since this lawyer is in high demand I would have to pay $6000 thousand dollars just to retain them! And that I shouldn't gamble with my life by retaining another law firm or lawyer that would charge much less because they would not have the track record they do! Could it possibly be that these law firms try to ''frighten'' potential clients into retaining them? One lawyer tells me not to worry they have handled many such cases and they will help me. And offer more reasonable fees! Another tells me that I have a very difficult case and that I will really need them because they're aggressive and have all this experience and knowledge on how to handle such a case! And that they have established relationships with the DA's and Judges of the area. But the fees are unaffordable. So I'm confused right now!


Asked on 7/06/04, 1:20 am

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Confused

Thank you for your inquiry. Do lawyers or law firms sometimes try to frighten people into hiring them? The answer, unfortunately, is yes.

Every crime also has a minimum and maximum, and a frank discussion of your case may involve the discussion of potential jail time, so be prepared, depending upon the exact charges. It's only fair that you know if your crime carries the potential of jail time or not, so that you can be informed on what your options are.

If you can't afford a private attorney, you can't afford one, and you always have the public defender available to help you if you can't afford counsel.

Another option is to show up, and see what the judge offers at your court date (if you have one), and then make the decision to hire an attorney.

Most attorneys, however, offer a free, no obligation, consultation, and it might be in your best interest to sit down with as many as possible if you're going to spend this much money and make decisions that may affect you into the future. Best of luck.

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Answered on 7/06/04, 4:05 am
Terry A. Nelson Nelson & Lawless

Re: Confused

Are they trying to frighten you? Yes. Did it work??

Anyone promising a special deal because they know the judge or DA is way over the line ethically, and is making promises they can't fulfill. Find an attorney you believe to be honest, and experienced.

The retainer quoted is not out of line though -- depending on the facts and charges, you can expect to spend substantial money defending a felony with potential prison time. It costs money to take a case to trial. Contact me if interested in getting a fair and honest appraisal.

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Answered on 7/06/04, 12:45 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Confused

I would be very skeptical of any firm that tries to persuade you it alone has the ability to defend you, and I would not trust any lawyer who claims his relationships with the D.A. and/or the judge will help you. It's one thing for a lawyer to say he has credibility with the bench and the D.A.'s office, but quite another to suggests he will get preferential treatment.

Lawyers do sometimes try to win business by scaring the potential client. The fact that other lawyers have been more encouraging suggests that this is what the first law firm was doing.

A $6,000 retainer is reasonable in many cases and may even be a bargain, but without knowing more about the charges against you and the underlying facts I have no way of knowing whether it is a fair amount for your case.

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Answered on 7/06/04, 2:41 pm


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