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  #1  
Old 06-12-2019, 05:10 AM
Knightswife Knightswife is offline
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Question In Federal holding facility for 2 years: No mental eval, not seen Discovery

My son has been in a federal holding facility for 2 years. His attorney is supposed to be getting him mentally evaluated (was supposed to be scheduled this last April n now it June!) He also wont give my son his discovery!
He keeps saying "he will get it" its been 2 years! Still no evaluation either! I dont know what to do. He is in Georgia.
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Old 06-12-2019, 07:21 AM
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Consult with another attorney.
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Old 06-12-2019, 08:03 AM
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Your son can and should request another attorney. These are perfectly legitimate grounds for it.
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Old 06-12-2019, 08:18 AM
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Consult with another attorney.
I agree but the problem is, we cant afford another attorney. If he fires him, do you think he would be eligible for a public defender?
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Old 06-12-2019, 08:19 AM
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Consult with another attorney.
We are so broke after paying this one
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Old 06-12-2019, 08:26 AM
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It depends on if he qualifies for a PD. Unless he's a minor, your income (or lack there of) shouldnt impact him. Assuming since he's been locked up for 2 yrs, he does not have a job/money etc......
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Old 06-12-2019, 08:35 AM
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It depends on if he qualifies for a PD. Unless he's a minor, your income (or lack there of) shouldnt impact him. Assuming since he's been locked up for 2 yrs, he does not have a job/money etc......
Everything is so different in the federal system. He definitely doesn't have any money. We had to scrape up n borrow to pay this attorney. He already needs mental help n his attorney making him go 2 years with no discovery is only making his mental issues worse.
his co defendants have theirs n its maddening to put him through this.
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Old 06-12-2019, 09:09 AM
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Everything is so different in the federal system. He definitely doesn't have any money. We had to scrape up n borrow to pay this attorney. He already needs mental help n his attorney making him go 2 years with no discovery is only making his mental issues worse.
his co defendants have theirs n its maddening to put him through this.
I am not familiar with the federal system but I do know of a good Fed attorney in GA. They are not cheap at all. My son was looking at possible federal charges & the retainer was $25,000. Luckily, the charges were dropped but we did have the lawyer fight for that. I would suggest you reach out to this GA advocacy group. It is the National Incarceration Association. They are based in the Atlanta area & the founder's son was incarcerated. Taht's what caused her to start the organization. She met so many others that were as scared for their loved ones as she was.
Here is a link to their site. They can help direct you to resources & at least be a support system. Scroll down to the page bottom & there is contact info for them. https://joinnia.com/about/
Take a deep breath & hang in there.
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Old 06-12-2019, 10:28 AM
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Everything is so different in the federal system. He definitely doesn't have any money. We had to scrape up n borrow to pay this attorney. He already needs mental help n his attorney making him go 2 years with no discovery is only making his mental issues worse.
his co defendants have theirs n its maddening to put him through this.
If he doesn't have any money, he should be eligible for a PD. I know that the federal system sometimes contracts public defender services to private law firms (meaning, the government pays a contracted private lawyer), so it doesn't always mean getting a completely overworked PD. For that reason, I am not convinced that hiring private attorneys at exorbitatnt retainer fees is always the best move -- you might get an excellent contracted private attorney anyway. And I know that in that circumstance, if the attorney is not responsive to his client, the client can fire him and ask the courts for a new one (within reason).
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Old 06-12-2019, 11:35 AM
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It sounds to me that he is being held pre-trial, pre-conviction. The assigned judge can release him on bond, or even on his promise to appear when notified of a hearing. Two years is something that should be brought up to the judge, either by the lawyer or by your son. The actual facts of his case will be the basis of what the judge will do, or not do, but the judge, not his lawyer, should decide.
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Old 06-12-2019, 10:10 PM
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If he doesn't have any money, he should be eligible for a PD. I know that the federal system sometimes contracts public defender services to private law firms (meaning, the government pays a contracted private lawyer), so it doesn't always mean getting a completely overworked PD. For that reason, I am not convinced that hiring private attorneys at exorbitatnt retainer fees is always the best move -- you might get an excellent contracted private attorney anyway. And I know that in that circumstance, if the attorney is not responsive to his client, the client can fire him and ask the courts for a new one (within reason).
Ok, after much money lost and much consideration, the attorney has been fired. How does he go about getting a federal public defender? I'm sure the attorney wont give our money back but I hopeful that at least he can get someone to represent him and do their job! I would also like to prevent this attorney from ever doing this to another person. This has been very hard for my son and our family. Not only financially but mentally, emotionally n we just about gave up hope until I cam here. I would like to thank all who responded. God bless you all...
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Old 06-12-2019, 11:34 PM
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Originally Posted by Knightswife View Post
Ok, after much money lost and much consideration, the attorney has been fired. How does he go about getting a federal public defender? I'm sure the attorney wont give our money back but I hopeful that at least he can get someone to represent him and do their job! I would also like to prevent this attorney from ever doing this to another person. This has been very hard for my son and our family. Not only financially but mentally, emotionally n we just about gave up hope until I cam here. I would like to thank all who responded. God bless you all...
I could be way off base here, but for your consideration I suggest this. Almost all attornies work on an hourly basis - and the $25,000 or whatever you paid him was in advance - with his work billed against that. If he did no work and has no billable hours (or little work) you would have whatever was left coming back to you.

If you have questions about this, I would contact the Georgia Bar Association at 404-527-8700 or 800-334-6865.

Their address is:
104 Marietta St. NW
Suite 100
Atlanta, GA
30303

I would present the facts of what happened (with respect to the attorney, not your son's case) and see if they have suggestions. Ultimately there is also a way to file a complaint with them as well.

Good luck.
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Old 06-13-2019, 08:38 AM
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He can file a complaint with the State Bar Association. He can request the appointment of a public defender the next time he is in court. His first lawyer will have to withdraw from the case.

If no court appearances are scheduled soon, he can write directly to the judge and/or the local federal public defender's office stating that he is no longer represented by counsel.
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Old 06-13-2019, 08:47 PM
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Originally Posted by fbopnomore View Post
He can file a complaint with the State Bar Association. He can request the appointment of a public defender the next time he is in court. His first lawyer will have to withdraw from the case.

If no court appearances are scheduled soon, he can write directly to the judge and/or the local federal public defender's office stating that he is no longer represented by counsel.
My son fired his attorney because he wasn't doing anything. The attorney just kept making excuses for 2 years about his discovery, mental evaluation n even power of attorney we requested. Why does the attorney have to withdraw from the case? Didn't he supposedly work for my son?
He wrote the judge today.
Thank you so much for your advice
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Old 06-13-2019, 08:51 PM
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Quote:
Originally Posted by Scott View Post
I could be way off base here, but for your consideration I suggest this. Almost all attornies work on an hourly basis - and the $25,000 or whatever you paid him was in advance - with his work billed against that. If he did no work and has no billable hours (or little work) you would have whatever was left coming back to you.

If you have questions about this, I would contact the Georgia Bar Association at 404-527-8700 or 800-334-6865.

Their address is:
104 Marietta St. NW
Suite 100
Atlanta, GA
30303

I would present the facts of what happened (with respect to the attorney, not your son's case) and see if they have suggestions. Ultimately there is also a way to file a complaint with them as well.

Good luck.
I have no problem contacting the bar n thank you so much for their info. As for getting the money back, from experience, it takes so long, even years and the bar in ga rarely does anything to resolve these issues. I'm wondering if it would be easier just to sue the attorney. I literally have 2 years documented of him only making promises n never doing anything.
Thank you very much fo all your advice.
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Old 06-13-2019, 09:15 PM
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My son fired his attorney because he wasn't doing anything. The attorney just kept making excuses for 2 years about his discovery, mental evaluation n even power of attorney we requested. Why does the attorney have to withdraw from the case? Didn't he supposedly work for my son?
He wrote the judge today.
Thank you so much for your advice
He has to formally withdraw from the case with the Court. Not a big thing. But a new attorney can not enter an appearance on behalf of your son unless this happens.
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Old 06-13-2019, 10:06 PM
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He has to formally withdraw from the case with the Court. Not a big thing. But a new attorney can not enter an appearance on behalf of your son unless this happens.
Do you know how I can make sure he withdraws? Also, can he just decide not to withdraw if he decides to?
Thank you!
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Old 06-14-2019, 05:50 PM
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Do you know how I can make sure he withdraws? Also, can he just decide not to withdraw if he decides to?
Thank you!
You can keep track of it in the docket online.

Can he? Sure. Will he? No. It would be career suicide pissing off a judge by failing to withdraw.
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Old 06-18-2019, 02:26 PM
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Sorry I didn't check the forum in a few days, Knightwife. Yes, all the advice here is on point. Writing the judge is what he needed to do (sounds like he has). The court will refer him to a public defender. I can't imagine a fired attorney trying to stay on -- not only would he piss off the judge, but how would he get paid if you've just fired him and won't fork over any more money? There's no incentive for him there.
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