Assault & Battery SHould I speak to the ploice

[acstrange]

I was involved in a traffic altercation that turned violent.
After the incident I was contacted by a detective. I spoke with an attorney who advised me not to speak with the police. I paid him several hundred dollars to make some phone calls to a detective. The lawyer was very forthcoming with his fees and expenses. Because the altercation was two sided I assumed the charges had been dropped. However I have recently reveived a summons to appear at a midemeanor arraingment court. I am being charged with:
Battery
Assault with a deadly weapon 2 counts
Vandalism Less than 400

The Lawyer told me that I would need to produce a substantial retainer if charged. I am on disability and cannot afford these services. As the attorney told me these fees were standard I beleive continuing representation is not an option for me.

I feel I should get my side of the story on paper before the court date (less than two weeks away), but I am still hesitant. There were three antagonists on thier side and I believe they have a witness from an uninvolved vehicle. Unfortunately I was alone. I belive that they have committed multiple offenses against me including assault, battery and vehicular assault. The attorney told me it was possible the police officer had already formed a determination of guilt against me and an attempt to air my side of the story could easily backfire. He was very adamant on this point, and extrememely disdainful of the police even insinuating that they wouldn't be honest in court. Any advice will be welcome.

 

[mdmkay]

find someone new fast

Your attorney is obviously more interested in your pocket then defending your case. He is preparing you for his negligence and lack of interest i'm afraid and either way you still need a fresh approach. I too am on disablility and there are lawyers that will work on either a sliding fee based on your income or even free but it does take some time to apply but i think in your case it could be taken care of quickly. Check with your states legal bar association and run don't walk out of your atty's door as soon as you find another. I would put off talking to the police for now until you had compentent legal advice of someone who knew the details of your case. However, all of this is only an opinion you understand. I wish you the very best of luck and pray for your success.

 

[Michael Wechsler]

I may agree and somewhat disagree with what was said -- it's difficult to tell exactly what the attorney said when repeated, especially when there is no dollar value stated for the retainer. A few thousand dollar retainer can be sizeable to some and not so sizable to others but we don't know what was asked.

Let's say the attorney asked for a 2-3 thousand dollar retainer -- that's not unreasonable. With regard to getting an attorney to take your case on a sliding scale through the bar, that may happen but depends upon where you are and many other factors -- including the economy. People have to remember that SOMEONE has to pay for the attorney's services and that may include the attorney. In these difficult times pro bono is shrinking because of the diminishing amount of work and the number of requests has increased dramatically. Yet, it definitely pays to check out what was mentioned because you might be fortunate.