Saturday, March 22, 2014

When the DA refuses charges who contacts the accused? There was a criminal defense attorney hired for a little under 10 grand. A year and a ...

Question

When the DA refuses charges who contacts the accused? There was a criminal defense attorney hired for a little under 10 grand. A year and a half went by before we found out the charges had been refused five months after police arrested the accused. We found out by accident seeking a legal letter from DA.



Answer

The DA may or may not have informed the attorney. With a copy of the letter in hand the client might contact the lawyer for an itemized statement of what he did. If the money was a retainer and the lawyer was charging by the hour, there might be unearned money to be returned. If it was a flat fee, the lawyer's work still has to be substantial enough to justify the fee.



Answer

Usually hen charges are refused, the refusal is filed in court and the matter is removed from the court's docket. With regards to who contacts the accuse, no one contacts the accused other than his attorney of record. If you were not contacted regarding the charges, that falls on your attorney for failing to communicate as required by our Professional Code of Conduct and Ethics. I further agree with Attorney Andrew Casanave answer regarding your counsel's obligation to itemized his cost and/or justify the money paid. From your brief statement of account, it appears that your counsel may owe you a refund of unearned fees.



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