Legal Question in Criminal Law in California

false arrest

I was arrested for solititation of prostution September of last year. I picked up a female hitch hiker and offered to give her a ride. I drove one block and was pulled over and arrested. My car was impounded and I spend the night in jail. The hearing date was set for the 24th of October. I hired counsel who appeared on my behalf but there were no charges filed. This has been Approximately 3 months with no charges filed. I would like to file a false arrest law suit and I'd be interested in help or advise concerning this suit. Also I paid my attorney $2100 to handle the case but he only spent an hour at the intital hearing. Can I receive a refund of part of the fee?


Asked on 1/05/09, 12:05 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: false arrest

You are acting prematurely. They can take their sweet time in filing the charges and sometimes they do exactly that. Did your attorney find out if the DA felt charges were going to be filed? did you ask your attorney what information he did receive? As to a refund from your attorney. Generally in criminal matters flat fees are charged. I charge my clients a flat fee that usually will carry them up to but not including trial. If you signed this type of contract then you are probably not entitled to a refund, under the terms of fee agreement. IF your attorney is following the California Bar's rules, you received a copy of the fee agreement. READ IT! and it will explain under what conditions you may or may not be entitled to a refund. However, as I stated before you are way ahead of yourself. Things are rarely black in white in these types of situations. You may want your attorney around if they plan on filing charges or are not sure what they are going to do. You could find yourself arrested and need some assistance finding a bail agent when you want out of jail. I would suggest you contact your attorney and ask him to inquire with the DA' s office as to what they are planning on doing with regards to your case. I would also suggest you slow down and start asking your attorney the questions you are posing on the internet. I know if I had a client that hired me and then did not trust me enough to ask me some simply straight forward questions I would be mad as hell and I was consider withdrawing as his attorney. Most attorneys are very willing to explain things to their clients, especially when it comes to money. Ask your attorney and then have some faith in your attorney. Good luck

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Answered on 1/05/09, 8:28 pm


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