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Client rights?

Discussion in 'Other Criminal Law Issues' started by AJac35, May 14, 2019.

  1. AJac35

    AJac35 Law Topic Starter New Member

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    Jurisdiction:
    Indiana
    I met with an attorney 76 days ago to discuss my case. We had a lengthy discussion about all the details. I was told the process would take about 30-45 days, he would speak with the prosecutor, and I paid him the next day. 3 days later I stopped by his office and was told he was on vacation for the next 5 weeks. When he finally returned he filed a petition and my court date was another 5 weeks away. I was told to be at the courthouse 20 minutes early to connect with the atty. The day came and I was there when he arrived. He did not remember me and asked me why we were filing this petition? I gave him the highlights as.
    Then he went to the bank.
    He returned 10 minutes later and walked directly past me into the court room, no acknowledgement or words. I followed him and our case was called. Oh, he also informed me the prosecutor objected. He called me to the stand (with no warning) and after my testimony the judge said, "Mr., I'd love to help you but you're in the wrong court and I can't rule on this". The Atty had filed in the wrong court! Now we are back to square 1. He is supposed to refile next week. I've lost confidence at best. What are my options as far as defense? I feel like there should be follow up for this but I'm not certain what my rights are.
     
  2. army judge

    army judge Super Moderator

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    You can fire your lawyer, but getting your money back is going to take soem time, and it might not happen.

    You can file a complaint against the lawyer with the state bar, but don't expect a rapid end to the problem.

    meanwhile, you're going to have to hire another lawyer.

    You might be able to get a public defender, but the fact that you paid this person will be discussed.

    Your reasons for terminating the person seems justified to me, but you'll have to tell a clear, convincing story to the judge, and be prepared to prove your assertions.

    Good luck.
     
    justblue likes this.
  3. Zigner

    Zigner Active Member

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    AJac35 - I think you are confused about something. If you are the defendant in a criminal case, then your case wouldn't even be called if you were in the wrong court. I suspect that your case was transferred by the current judge to a different court for some reason.
     
    army judge likes this.

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