Legal Question in Criminal Law in California

Lawyer

Hi, i just want to know whether it's a standard for defense lawyer to hold off my case until one week before arraignment date. after i signed the retainer, everything seems to slow down and when i contacted the firm, they said that they're contacting the DA and it's still early anyway.

Do you think that my lawyer is not so responsive because the retainer is non-refundable. Or i just need to have more patience.

Thanks,

Phil


Asked on 8/26/03, 1:13 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Lawyer

I'm not sure what you mean when you say the lawyer is holding off your case, but since the arraignment hasn't happened yet it sounds like the problem is a lack of time for a meeting or phone conference. You probably should simply be more patient. Most lawyers -- especially criminal lawyers -- have a lot of cases at any given time, and at any given time many of them have urgent deadlines approaching and must be given priority. As long as the lawyer will give you priority when your case is in such a position, I don't think you have reason to be concerned.

While your arraignment is (hopefully) something new to you, your lawyer probably handles several each month and knows what he is doing. Except in highly unusual cases, arraignments are very straightforward and the lawyer probably won't need more than a short consultation with you beforehand.

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Answered on 8/26/03, 1:34 pm
David Beauvais David J. Beauvais

Re: Lawyer

It's much too soon to panic. Your attorney's consultation with you will be more effective once the DA has turned over the police reports and other evidence gathered in the case. This does not happen until the arraignment. Until then your attorney does not even know what charges the DA will choose to file or even if the case will be filed. In rare instances where the case presents an unusual application of the law or you have bombshell evidence that will deter the filing of a criminal complaint, a defense attorney may try to get the DA not to file at all but usually you have to wait for the arraignment to be sure where you stand. If your attorny fails to show up for the arraignment, then it's OK to panic.

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Answered on 8/26/03, 2:09 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Lawyer

there could be many reasons why your attorney is "nonresponsive" to your inquiries, etc..i.e. a full caseload, plotting strategy, etc..

however, if you are not happy with the service you are getting, especially in a criminal matter, you might want to strongly consider replacing legal counsel if you have lost faith in their interest in your case. you might want to find legal counsel that truly cares and will aggressively seek justice for you.

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Answered on 8/26/03, 3:37 pm


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