Legal Question in Criminal Law in California

Re: Legal Process

I suggest that your brother wait one month, at the most two months, and then ask for all of his Retainer Fee back. $5,000.00 is too much for most misdemeanors and too little for a felony. Unless it is just for representation up to the Felony Preliminary Hearing. And then the attorney can drop the case.

Your brother can always hire the same attorney again, or a new one when and if charges are ever filed by the D. A.. And there are a lot of good ones around.

Re: Legal Process

Thanks for your email, and I am sorry to hear about your brother. You did not mention what the charges are, but for most misdemeanors, the time limit for the prosecution to file charges is one year, and for some felonies it is 3 to seven years. However, with serious cases where the D.A. has enough evidence to go forward, they normally do as soon as possible. If there is any actual prejudice to your brother, such as the destruction of evidence or the death of a witness, then the delay may allow your brother's attorney to file a motion to dismiss if the case is filed.

The other part of your question, whether the attorney is doing his or her job, is more difficult. If the case was not filed, then checking to see if it is filed is all the attorney can do. As far as getting your money back, most retainer agreements with attorneys are flat fee, and non-refundable. However, depending on the language of the contract, you may be entitled to a refund of the retainer agreement, or the attorney may give a partial refund in the interests of providing good customer service. You should get specifics, in writing, from the attorney to any fee questions.

Thanks, and best of luck, Robert.