Legal Question in Criminal Law in California

My son has been incarcerated since Oct 2012 in Murrieta, CA, jail. He is charged with attempted murder and assault w/deadly weapon, semi-auto handgun, in what is called road rage. He, however, was attacked by two brothers, while in his truck. He used the gun in self defense because he thought they intended to kill him. His bail is $1M. He has a very good lawyer, supposedly, but this person keeps continuing his case. He just had his case continued again until April 2014. His lawyer keeps telling him she needs to do so. He has told her and the judge he does not want to continue anymore after April. If, his trial date is still not made by April, and is again continued, could he have the right to fire his lawyer and ask for a refund? What happened to a defendant's right to a speedy trial? Thanks for your reply, A Worried Mother


Asked on 2/26/14, 2:34 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

He has the 'right' to fire and hire his attorney any time, as long he doesn't ask the court for any time extension or waiver. The new lawyer will have to be able to step into the shoes of the old one.. He can ask for refund, and bring a fee dispute claim if there are good grounds for it, depending upon the terms of his written retainer agreement. He is not likely to quickly get back anything, so don't count on that to pay a new attorney.

His attorney has persuaded him to waive time to get to this point. Whether that was wise or not will not be second guessed. Deal with where you are now. There are many reasons to want to delay, and lots of reasons for the system to delay whether you like it or not. Serious felony case frequently take months or years to come to trial. But, the defendant still retains the right to say no more time waivers, and force it to trial now, if that is a smart thing to do.

If serious about hiring counsel to give a review and second opinion, or to take over the case and help in this, feel free to contact me to discuss the case and the fees. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 2/27/14, 11:12 am


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