Legal Question in Criminal Law in New York

Misrepresentation by counsel

I hired an attorney out of desperation when I first got arrested. I paid him $1,500 for the bail hearing. I scored a 7 of 8 on score sheet and was able to leave on my own recog. I met with him and he told me that I could retain his services for the life of the case for $7,500. I work non-profit and have three children. This put my wife and family under servere starin. We paid with our credit cards and now the Cheif Narcotics officer called my job and informed them of the arrest and I was suspended from my job shortly afterwards. I discoved my attorney specialized in DUIs, rather that drug related cases. I feel that he wrongley advised me to speak to the ADA. The cops who arrested me were after someone else, and interogatted me in a cell w/ 3 cops and told me what I did was like shooting a cop. I told them whatever made them happy, i was scared, they refused to let me call a lawyer before questioning me.I am being charged with a couple of B felony drug charges. My attorney made me feel like the case would be dismissed and it has not. He told me that I would be able to get my baby seats,briefcase,glasses from car and I haven't. Can I get money I gave to my attorney back if I fire him and seek other counsel w/ exp in Manhattan?


Asked on 5/17/04, 12:00 am

2 Answers from Attorneys
Steven Brand Steven Brand, Attorney at Law

Re: Misrepresentation by counsel

You can always change attorneys so long as the Judge presiding over your case permits you to do so. Usually the Judge will allow you to change attorneys so long as they don't view it as just a way to get a delay in your case.

The attorney you hired should give you back your money, less the work he already did on your case (probably calculated at an hourly rate). Your new attorney can assist you with how to collect the money from the first attorney if he refuses to refund the money. Your new attorney can also explore issues relating to the first attorney's advice.

Good luck.

Steven Brand

www.courtmartialbrand.com

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Read more
Answered on 5/18/04, 2:12 pm

Re: Misrepresentation by counsel

You are free to change lawyers. Your current lawyer is permitted to keep money to cover the work he has done. Your new lawyer can help you with this. I am a former federal and state prosecutor and have handled numerous narcotics cases. Please feel free to call me at 212-622-7180 if you wish to discuss your case.

Read more
Answered on 5/17/04, 12:47 pm


Related Questions & Answers

More Criminal Law questions and answers in New York