Legal Question in Criminal Law in California
I'm currently fighting a case, and hired a lawyer back in february of this year, he charges 1500$ for the preliminary hearing. I paid him $600 on the first court date since then he has poseponed each month, tomorrow june 11th is my final court date. He has not spoken to the district attorney not once and claims tomorrow will be his first time. At the sametime he has asked me for more payments. I feel I should not give him the remainding since he has not done anything with my case thus far... my main question is if I have him motion himself off the case tomorrow will I be able to collect the $600 I gave him since he has not even spoke with the district attorney?
2 Answers from Attorneys
While the rate you paid was very low compared to what most Orange County criminal defense attorneys charge for felonies, it's obvious he's not prepared for your case and hasn't done any work for you except to show up and ask for postponements. Probably he will now tell you you have no choice but to plead guilty (because he's not prepared). Ask him what exactly he has done to prepare your case for trial. Ask him to show you the case file, he should have sent the DA written discovery requests at a minimum. If you have any doubt whether he's fully prepared, fire him on the spot and ask him (in front of the judge) to hand you your case file. Hire another attorney if you can, and attempt to get your money back through the state bar fee arbitration program.
While some of Mr. Stone's response might be valid, I suspect your attorney was waiting for you to pay the agreed fees before doing the work. Most criminal defense attorneys charge much more, several times more, than your 'deal', and they won't take or start the case until paid. That is the way the systems works with experienced attorneys. It avoids exactly the problem your attorney now has, with a client not paying, and being stuck on a case. If your attorney has already appeared at the arraignment, he has more than earned the amount you paid, and is entitled in good faith to the balance of the agreed fee before the 'Pre-Trial' hearing I suspect you are about to attend.. If you are actually at the "Preliminary Hearing", after already having your Pre-Trial, you stated, you 'really' got the deal of the day.
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