Lawyer Misconduct

Shlove68

New Member
I have an attry I believe has giving me false information, and misleading info in my case. I've been fighting a mistaking identify robbery now for 2 years. In the middle of a second motion by my then public defender. I was orderdo by the judge to obtain a paid lawyer. From day one the lawyer hasn't done the things I've asked. Or taking my suggestion. I had already prepared lots of evidence to exonarrate me and all of the discovery was collected before getting took over. In the discovery my lawyer found a video that clearly showed the right perpatrator as I discribed him to police. I wanted him to take that evidence to the State atty. To get a dismissal. Instead he keeps telling what he thinks he can get me, constantly warning me of the consequences of a trial. So because I was unaware of the new evidence I elected trial. Why he never picked up the motion was beyond me. ( To suppress the id). Lastly we set a date for trial and the state was not ready. He let them have a continuous by agreement. Which I assunas stop the clock running on my right to speedy trial process. 2 months later we return. No victim. He is convinced he can get the charges lowered and I should take a deal. I told him I'd please to a lessor charge, if offered! That was not my goal! My goal was dismissal. I was not able to reach my lawyer for the entire 2 months leading up to trial. He calls me back finally 1 week before trail. No he didn't know my mother had reached out to the victim by mail explaining my innocence and showing the real perp! The witness did not show up to the trial. When my lawyer called the week prior he said he was confident he could arrange the lessor charge. So at court I saw no complaining witness again. He still went forward with arrangements on the deal. So I asked him how was he able to come about the deal. He said " the witness doesn't want to pursue!". I don't think he intentionally related that info. So I said well if the victim doesn't want to pursue, why are offering thebdeal. Then he says the deal prompted the witness to not pursue. I said that makes no sense. I believed the letter to victim was successful. So he gets upset and starts making threats of a truat if I didn't want the deal. So I'm confused now. What trial if the witness has recinded. He kept going on about consequences again of a trial if I didn't take the deal. Also I posted a significant bond which I informed him he would be paid from if he need more money to go to trial. He agreed to that plust a down in our arrangement. I had paid him almost 1100 up to that point. He had made 2apperances. Cause I missed court. I live in Oregon and have to commute to Chicago for this case.we demanded trial his second appearance, state was not prepared that date, and his 4 appearance no victim and a plea deal offered. My bond was 7200 remaining from 8000. He showed up to 3apoerance after we had spoke and had an office visit. During our phone conversation after the office visit. I brought up payment. I mention 2500 additional payment for thebtrial. He then states that I was mistaking about the payment and that I had agreed to give him the bond as payment for services which I never had. I said I could pay his fees from the bond. Not turn the entire amount over. He hasn't done anything that would deserve such a payment. So after agreeing to the deal the judge asks if I'm giving my bond to him fir fees and said no! We haven't went to trial so why would I pay him 9000 dolkars to plead guilty to a crime I didn't commit. Especially when he could have probably gotten a dismissal. But advised me to cop a plea! Now we have to return to court to settle the matter of the fee. Does anyone have any thiughts? Please share.
 
Does anyone have any thiughts?


Yes, you have retained counsel.
It is unethical for other attorneys to interfere with your privileged relationship.
I suggest you discuss ALL of your concerns with your attorney.
If you believe your attorney no longer advocates properly for you, your option is to fire your attorney and hire another attorney.


Good luck with whatever you decide to do.

As far as I know, there is no such codified criminal offense named: "mistaking identify robbery".

You might wish to ask your attorney for clarification about the EXACT charge that threatens your freedom.
 
I don't see that you described misconduct.
Maybe it was ineffective counsel if anything.
You'll have to wait this out and see what happens with the coming court dates.
 
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