Legal Question in Criminal Law in Texas

In January of 2010 I was over at a cousins house watching tv. My cousin left with a couple friends and I stayed in her home watching tv. I didn't realize her friend who often visits was there as well. So around 10:30 pm, the cops come knocking at the door. They said they got a call from the next door neighbors that there was fighting going on in my cousins home. I told them nothing was going on and that I was home alone it might have been the wrong home. They asked if they could search the house, I told them I couldn't let them come in because it wasn't my house. However, they told me' that they still had to search it because they needed to make sure there weren't any weapons or danger in the house. So they searched it and when they were done they said the house was clear. I was outside at the time All of the sudden one of the cops arrested me and told the other cops to search the house again. The cops around me' kept saying 'where is he? Where are you hiding your boyfriend!?' I kept telling them I didn't know what they were talking about. Then all of the sudden I hear this loud noise and then come walking out the cops with my sisters friend. Turns out he had a warrant for his arrest. They then told me' they were going to arrest me' for hindering apprehension of hiding a fugitive. My sisters friend told them to let me' go because I had nothing to do with it. I kept saying I didn't know he was in the house and that I hardly even knew him. I told them the story that he was a friend of my sisters and often comes over to my cousins to hang out with them. He told them the same. I got arrested but bailed out the next day. I quickly got a lawyer who is charging me' 7000. It is now august and I've payed the lawyer 4500 dollars in total and all he has done is given me' two court days where he has postponed both court days because according to him I haven't payed him enough. I am 7 and a half months pregnant and am a single mother. Once I was starting to show, I got fired from my well paying job so I had to get a minimum wage paying job. I can't afford my lawyer anymore so I told him today that I think I was just going to get a court appointee and not need him anymore bc I can't afford him. He told me' if I did that I would get jail time. So I didn't get a court appointee and kept him as my lawyer. I don't know what to do. I also am on probation for a dwi ( I was really stupid two years ago).I really can't go to jail. I need to be with my son when he is born and don't have anyone who can help me' at all. I am all on my own. Should I get another lawyer? The guy who had the warrant talked to me' about his lawyer. He seems like a great lawyer who doesn't charge as much and is great at his job. Should I switch lawyers or should I get a court appointee? Also, if I ask my lawyer for the 4500 back, does he HAVE to give it to me'? I mean he hasn't really done anything for me. I'd really like the money back to pay another lawyer. Please! I need legal advice. I am 22 by the way.


Asked on 8/11/10, 10:21 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If the cops ask if they can do something, they can't do it at that time. Usually they need something. Often they need a search warrant, an exception to the warrant requirement or consent.. If you provide that consent, they will do whatever they are asking.

One issue that needs to be explored is whether the police lied to you to get your consent and if they did whether that matters.

Even flat fees must be earned. Even showing up in court and getting resets has value. Probably not $4500. If you switch attorneys or fire your lawyer and go with a ct appt attorney, the lawyer you hired is entitled to be compensated for the work he did.. So you are not entitled to all of the money you paid, but you may be entitled to some of it back.

You should be on the lookout for Motion to Revoke probation on the DWI. Being arrested is definitely a violation of your probation.

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Answered on 8/17/10, 5:56 am


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