Legal Question in Criminal Law in Florida

The attorney representing our case- originally told us he was going to get the 1st charge dismissed and the second- prepare for trial. We have separated the charges into two cases. Last time before the judge - our attorney did not ask for dismissal- his response was he thought the State Attorney would do it.

That same day he tells us- he doesnt want the 1st case dismissed he needs it open in order to back up his strategy to defend us on the 2nd case.

We told him- this is not what we had agreed on and want his to proceed with dismissing the 1st case.

Or - at least attempt a plea of a lesser charge.

He flat out refuses and stated he would quit first - and he said he would quit based on he does not feel he could represent us in the 2nd case without the first case. ( Although all these months he had a strategy to dismiss the 1st and tri the 2nd for which he has been preparing)

The problem is - the one charged is 21 years old- and facing 15-20 years- for felony mischief on the first and 1 count of resisting arrest, 1 count of battery on a leo, and one other relating to resisting arrest.

Our fear is that Percent- he could lose-- for the one charged the risk is not worth- this person losing their freedom and life at such a young age.

But- our attorney has our funds and we have no more- He has had the case since Feb and now he threatens to quit if we don't let him follow thru on the trial of both cases. He wont even discuss trying to plea. He just states fine "I will plea them out and they will have their felonies and go to jail". He said he is not one of those attorneys that take your money and then tell you to plea..

What can we do? This is very serious and yet he has us in a corner.


Asked on 9/06/10, 6:09 pm

1 Answer from Attorneys
Mario Musil The Musil Law Firm

An attorney is ethically not allowed to promise that a criminal case would be dismissed. If he or she was making any such promises, you may have a grievance against them with the Florida Bar.

It may be wise to consult another attorney to get a second opinion on the case.

If you have any questions, you may call my office at 1 877 70 MUSIL or 1 877 706 8745.

Thank you

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Answered on 9/11/10, 7:44 pm


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