Legal Question in Criminal Law in California
HS11351 posession with intent to sell
my boyfriend was recently charged with posession of narcotics with intent to sell. He has two prior felony convictions in another state (neither drug-related) from long ago, but would one of them still be counted as a ''strikeable'' offense if he was a minor at the time? (but he did serve a prison sentence with the big boys) Also, he has an attorney retained who doesn't seem to want to take the time to talk to him...can he request some of the retainer to be refunded? how can he obtain free legal advice to ensure that the next attorney he hires will actually look at his case?
3 Answers from Attorneys
Re: HS11351 posession with intent to sell
A prior felony conviction, if committed by a minor over 16 years of age, can be a strike. Not all felonies which result in a state prison sentence are strikes, however. Only felonies which are specifically defined by statute as particularly serious or violent are strikes. One of the first things a lawyer in this situation should do is to research whether the prior convictions can be used as sentence enhancing strikes in your boyfriend's case.
If you are convinced the lawyer is not doing his job, you should change representation and demand a refund. The lawyer will probably refuse but you can complain with the state bar which will put together an arbitration hearing to decide the issue free of charge to you. It might be awhile before you see any money back though, if at all. The arbitration panel will look at how much work the attorney has done. If the lawyer has not done anything and client cancelled the contract with him quickly and for good reason, chances are you might get a decent portion of your retainer back.
If you cannot afford another private attorney, go with the public defender who is bound to be better than a private lawyer who is not doing anything for you.
You can get some free legal advice by calling private lawyers in the area. Many - like yours truly here - will give you a non-binding consultation over the phone or in person in their office.
At your service,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: HS11351 posession with intent to sell
Many attorneys seemingly have a practice of not being willing to visit the jails to consult with clients. It is very frustrating for you and your boyfriend I am sure.
If you feel this attorney is not doing his job, do not wait to find someone new, find someone immediately so that your boyfriend has the best possible chances at an agreeable result in this case.
Good luck, if you need anything more, please do not hesitate to call.
JDH
Re: HS11351 posession with intent to sell
Out of state strikes are complex and even more so if the offender was a minor sentenced as an adult...no answer possible without more info, retained counsel and the client must have adequate communications and if this has broken down a refund, in whole or in part, seems reasonable.
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