Legal Question in Criminal Law in California
Should our lawyer be doing something?!
A friend is dealing with serious criminal charges from an x girlfriend claiming domestic violence among other serious accusations. None of which are true and has multiple emails and documentation from her admitting she will do anything to get him thrown in jail if he leaves her and will sue him etc. His current lawyer has done nothing on his behalf with the documents or anything at all for that matter and basically told him to take a plea. The lawyer has been paid 12k up front and done nothing on his behalf. Should these documents of proof have been submitted or something be done the layer is not doing? Pre trial date coming soon.
2 Answers from Attorneys
The attorney has done SOMETHING.
Meet and consult with the defendant. Appear at Arraignment, Review the Complaint and the police reports, evidence and witness statements. Set.a PreTrial Hearing, which by the way, is the first time he can do anything on the case by starting plea vs Trial discussions with the Prosecutor.
Documents are not SUBMITTED to anyone until the attorney may SHOW or discuss them with the Prosector during those plea bargain talks. After that, they may be attached as Exhibits to any formal Motions filed with the court, or they may be INTRODUCED AS EVIDENCE, if possible, at Trial.
Since you appear not to understand the way the system works, the defendant should consult with the attorney for more information and expiation.
If the defendant still doesn't have confidence and comfort with the attorney, he could hire a new attorney and request a partial refund, if the Retainer Agreement provides for that.
First off, it's likely that the lawyer has taken steps you don't know about. That you're unaware something has happened does not imply that it hasn't happened.
The term "pre trial date" is ambiguous, so it's not clear how far your friend's case has progressed. There are many reasons why it might be -- indeed, probably is -- wise to wait until trial before revealing some or all of the evidence you have described. We thus can't say what counsel should or shouldn't have done by now.
It's also not clear why you call your friend's attorney "our lawyer." Unless he also represents you in the same case, she is your friend's lawyer and not yours. That's true even if you're the one who paid her fee. Even if the same lawyer works for you in other matters, her duties here flow only to the person(s) she represents in this case. Similarly, the attorney-client privilege applies only those persons, and the lawyer can't share privileged communications with you even if she wants to.
I respect your concern for your friend's interests, but nothing you've written suggests that there is reason to worry.
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