Las time I posted a legal question here almost everyone was wrong. So please only answer if you can help. Thank you!! Anyway I had a case this spring which I pleaded not guilty to and the state dismissed it with out prejudice. Unfortunatley I still owe my defense lawyer $250. He has given me a few exstentions, and Im trying to pay him back. Im three months late with the payment. Now he is saying if I dont pay him, he will call the states attorney general and have the case reinstated. Can he do this? I already pleaded not guilty and the court dismissed the charge. I no lawyers dont work for free, why would he want me to be charged with the same charge he defended? Do I need another lawyer?
He says this is his legal right to do this, is this true? Thank you!
2006-09-18 18:23:30 · 13 answers · asked by Etsumi S 1 in Politics & Government ➔ Law & Ethics
If u owe him u gotta pay
2006-09-22 13:19:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I do believe this clown is trying to scare you. If you get arrested, he won't get paid. He does however have the option of suing you for the amount in civil court if you can not pay.
Make notes to exactly what he said about getting the case opened again. Quote him as best you can. Write down the date, time, any people around, or if it was by telephone. Keep a running record of any future threats he makes. This information can come in handy later. If you do not do this, it is your word against his and you will lose out in the end. By keeping notes, it shows that you are not simply relying on memory alone, and you can bet that dweeb will not have any notes. It's a cop trick friend and served me well in court when I was in law enforcement.
When the court dismisses a case without out prejudice, this means that the case can be brought before the court again if the State's attorney so desires (usually because of new evidence that the State's attorney believes has the ability to convict) within the statute of limitation time frame.
It is not the legal right of the attorney who defended you to attempt to get a new trial initiated and it would be a breach of ethics for him to do so. All communication during your attorney client relationship with him is privileged and confidential. It may not be revealed. He would have to provide the State"s attorney with good cause for a new trial and the only possible way is for him to reveal privileged information.
Your best bet would be to contact the Bar Association of your state (do not tell them who the attorney is just yet) and discuss the matter with them. Make sure you let them know that you recorded the threats in a notebook with all the details. Some Bar Associations have a citizen complaint department. If they decide that they can help you, then is the time to reveal who the attorney is.
good luck to you. I hate slime balls who violate the ethical standards of their profession.
ADDED: For EMT Chick and others. You are guessing and not helping. A case that is dismissed can be brought back before the court again, within the statute of limitation limits, unless it was dismissed "with prejudice." Double jeopardy only kicks in if a defendant is found not guilty. Once that occurs, there can be no retrial. Double jeopardy also does not enter into a case where a defendant is found guilty and that is why new trials are possible in this case.
2006-09-18 19:01:39 · answer #2 · answered by Seikilos 6 · 1⤊ 0⤋
No, he cant. The State Attorney decides whether or not to bring charges or prosecute the charges based upon whether sufficient evidence exists to obtain a conviction and other factors, including whether or not the defendent cooperates with the prosecution, the criminal history, etc. There are negotiations that do take place between the State attorney and your defender, but once a decision has been reached it would be unethical for any defense attorney to pursue restating charges simply because he did not get paid. If you have any evidence that an attorney has attempted such an act you should contact the bar association and the State Supreme court and file a formal complaint, because the idiot lawyer is jeopardizing his right to practice by such behavior. Tell him to place his threat in writing to you and sign it.
Not to say that the attorney cannot sue you to obtain payment for services rendered. Look, he got you off the charges, work out something and pay him off. If you dont, you may find it difficult to find another attorney to defend you in the future and, by not paying your debts, you may end up needing one. no insult intended.
2006-09-18 23:02:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
while it is easier to ask , it's better to know. An attorney that claims he can reinstate a criminal prosecution in order to extort monies owed is ripe for disbarment either that or a good ole fashioned *** whoopin, your choice. Or file a complaint with the AGC (Attorney Greivence Commision).
However there are some discrepencies to your story. No court, anywhere,would simply dismiss W/O prejudice simply because you claimed that you were not guilty. Either the witnesses or the officer who wrote the information didn't appear. Also, I personally find it hard to believe that a lawyer would harrass a client over "chump change". However since you're dealing with the biggest scumbags the world has ever known anythings possible. The bottom line is that if you want the truth you're going to have to find it yourself, everything else is just someones opinion. Good Luck.
2006-09-18 19:08:57 · answer #4 · answered by Bill 1 · 0⤊ 0⤋
Unless as part of your dismissal you were ordered to pay your lawyer or have charges re-brought, then no. If the charged was dismissed, you CAN NOT be charged again for it. That's called double jeopardy.
Your lawyer is only trying to scare you into giving him money, and you can actually report him to the bar association. His behavior is seriously un-professional and should NOT be tolerated. Threatening you like that is uncalled for.
Go see the clerk of your court, they can give you the proper forms to file a complaint.
You can also try www.lawguru.com, however, actual lawyers answer the questions you post, and they may side with the lawyer. Most of them are very honest, though, so they will give you a straight answer. Don't tell them how much you owe, just state that you owe, and can he reopen your case.
PS- the only time I've ever found when charges are re-file against someone is when there is NEW evidence--you not paying your lawyer is NOT new evidence.
2006-09-18 18:34:33 · answer #5 · answered by Bachman-ette 4 · 0⤊ 1⤋
He can call the state's attorney all he wants, but ultimately it is up to the states attorney to decide whether to reinstate the charges. Because the charge was dismissed without prejudice, the state can refile; however, I think it is unethical for your lawyer to threaten this. If I were you, I would call your state's bar association and report his behavior. You may still owe him the cash, but I'm willing to bet the bar association will have something to say to him about these threats. Also, anything you said to your attorney while he represented you is privileged communication so he can't report this to the SA. If he does so or threatens to, he will be in a world of hurt with the ethics board.
Your attorney has the right to sue you for his fees, but calling the SA will not get him his cash.
2006-09-18 18:33:55 · answer #6 · answered by bestguessing 3 · 2⤊ 0⤋
If he takes any action against you, including revealing confidential information to the prosecutor or acting in a manner harmful to the case that he represented you on, that is an ethical violation, and potentially grounds for disbarment.
Having the case re-instated is entirely up to the prosecutor. The fact that the case was dismissed "without prejudice" means that the prosecutor can re-file charges if the prosecutor chooses to do so.
{INSERT} Seikilos above is correct. Double jeopardy does not apply if the charge was dismissed without prejudice.
If the charges are presented again, you should get another lawyer. You can also remind your old lawyer of the duty of confidentiality, and the duties that remain to past clients, and that any action taken in violation of his ethical duties are grounds for both a civil malpractice suit and a report of ethical violation.
In fact, you may want to contact the state's ethical board and inform them of the threat your ex-attorney made, just to lay the groundwork in case there is a problem in the future.
2006-09-18 19:42:47 · answer #7 · answered by coragryph 7 · 0⤊ 0⤋
1. the case has already been tried...therefore it cannot be reinstated unless you, yourself appeals the decision, not the Lawyer
2. pay the Lawyer the money you owe.
3. if you are unhappy with the Lawyer's statement, then report it to the Bar Association, make sure everything is documented down, time of incident & date of incident, even phone records
4. a Lawyer's duty is to the Court firstly, then to a Client
5. there are Lawyer's who do "pro bono" work, it is just a case of looking around
2006-09-18 18:44:52 · answer #8 · answered by LLB Student 2 · 0⤊ 0⤋
in all probability no longer all of it you will nevertheless be in charge for the artwork he did (and he did some artwork purely by chatting with you and taking notes of the difficulty, and so on) He could or will possibly no longer return any funds, yet right it extremely is a few advice for loose (no fee) how approximately calling your lawyer and asking him, then you definately would be attentive to Why do you think of all people on yahoo that is conscious no longer something approximately what the lawyer actual did, what kind of settlement you signed (if any), or maybe something relating to the case could desire to in all probability provide you an answer meaning something? you intend on going to the lawyer and telling him some 15 12 months old human beings on Yahoo stated he had to return funds to you? purely thank you to be attentive to for specific is call and ask HIM no longer come ot Yahoo and ask a gaggle of folk who in fact could desire to care much less in case you get a reimbursement or no longer.
2016-10-17 06:18:08 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Reinstatement of the case or appeal from the dismissal of the case should be made even when the lawyer is not yet paid. It is his duty to appeal the case under the Rules of Court if there are valid reasons.
2006-09-18 18:29:19 · answer #10 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
I would think it would violate the double jeopardy clause. I also think he is wrong. And it sound like he is highly unethical, too. He is trying to jack you over $250.00 that you have tired to pay him on. That is way out of line. You might want to contact you states bar association and fine a complaint against him.
2006-09-18 18:31:59 · answer #11 · answered by Anonymous · 0⤊ 2⤋