Legal Question in Criminal Law in New York

3rd degree Sexual assault

I hired a lawyer 5 years ago to represent my 17 year old son. His girlfriend 15 at the time was brought to the hospital with a infection. The hospital reported as a sexual crime and my son was arrested. Neither his girlfriend or her family pressed charges. We went to court and it was dismissed and supposedly the records were sealed. My son is going on the police force in July and during one of his criminal justice classes he was finger printed and this showed up on his record. It was not supposed to. I went back to the lawyer and he wants to recharge me to look into this. This was supposed to have been taken care of 5 years ago. Now my son risks the chance of not getting on the force. Does this lawyer have the right to charge me again and will this hurt my sons chance of being a cop. Please help. Is the court responsible?


Asked on 1/13/09, 12:12 pm

2 Answers from Attorneys
Savyon Grant Law Office of Savy Grant

Re: 3rd degree Sexual assault

If the lawyer compeleted his job and the state made a mistake by not removing, he is entitled to an additional retainer. If you want to discuss, I will be available, I may be reached at 201/646/9600.

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Answered on 1/13/09, 1:54 pm
Robert Evans Robert S. Evans esq.

Re: 3rd degree Sexual assault

It appears the attorney finished the case properly by securing a very favorable result. Anything that resulted from subsequent gov't error is not the responsibility of your attorney. The attorney is entitled to a new retainer for any additional work.Usually a an arrest without a conviction or a plea to any criminal charge will not hurt your son's chances of being a P.O. absent any other factors.

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Answered on 1/13/09, 5:24 pm


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