Legal Question in Criminal Law in California

Motion to exclude Evidence and Testimony

A friend of mine is in jail on a felony charge. Prior to being jailed He hired an attorney, the attorney in turn without prior experience in criminal matters advised him to have an interview with police. After being arrested and the attorney had taken him up to the bail hearing. After that the attorney turned over everything to the public defender.

I Believe that current counsel should argue that any and all evidence or testimony should be removed in conjunction with the interview due to prior bad counsel.

First year law is basic don't bring your client to the cops. This attorney should be sued for malpractice and sanctioned by the courts.

Also the judge stated in open court that he believes my friend should be refunded all moneys.

The Judge asked the attorney if you have no experience in this type of matter and no intentions or abilities of defending this case beyond these precedings then don't you think that ''my friend'' should get his money back?


Asked on 5/05/08, 4:57 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Motion to exclude Evidence and Testimony

Friend should get a refund no doubt. One way to proceed to initiate fee arbitration proceedings with the California State Bar. Your friend can try to do it himself or hire an attorney. The attorney might be willing to refund everything just to avoid dealing with the process which no doubt would reveal his incompetence and possibly bad faith.

It is a more tricky question whether evidence from the interview can be suppressed because it does not appear police misconduct was involved. This issue will be best dealt with by your friend's current lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 5/05/08, 8:34 pm


Related Questions & Answers

More Criminal Law questions and answers in California