Defendant Didn't Pay His Lawyer

[anchor girl]

What is the name of your state (only U.S. law)? AL

My daughter's ex-boyfriend is scheduled for trial tomorrow for Domestic Violence 3rd. This will be his 2nd trial for the same thing. He served 90 days the last time. This time, he pled not guilty at the arraignment because his attorney told him that he needed more time to prepare. Today, his attorney has contacted my daughter looking for him. The attorney said, "If he wishes to be represented, he needs to contact me immediately". The attorney was present at arraignment and has been paid $500. He was told that he needed to pay the balance prior to trial. He can't afford to pay him, so my guess is that the attorney hasn't spoken to him at all and won't be there tomorrow.

What will happen? Will trial happen anyway?

This guy needs to be in jail!

 

[Zigner]

What is the name of your state (only U.S. law)? AL

My daughter's ex-boyfriend is scheduled for trial tomorrow for Domestic Violence 3rd. This will be his 2nd trial for the same thing. He served 90 days the last time. This time, he pled not guilty at the arraignment because his attorney told him that he needed more time to prepare. Today, his attorney has contacted my daughter looking for him. The attorney said, "If he wishes to be represented, he needs to contact me immediately". The attorney was present at arraignment and has been paid $500. He was told that he needed to pay the balance prior to trial. He can't afford to pay him, so my guess is that the attorney hasn't spoken to him at all and won't be there tomorrow.

What will happen? Will trial happen anyway?

This guy needs to be in jail!

Our crystal ball has been MIA for quite some time now. What-say you come back tomorrow evening and tell us...?

 

[single317dad]

What is the name of your state (only U.S. law)? AL

My daughter's ex-boyfriend is scheduled for trial tomorrow for Domestic Violence 3rd. This will be his 2nd trial for the same thing. He served 90 days the last time. This time, he pled not guilty at the arraignment because his attorney told him that he needed more time to prepare. Today, his attorney has contacted my daughter looking for him. The attorney said, "If he wishes to be represented, he needs to contact me immediately". The attorney was present at arraignment and has been paid $500. He was told that he needed to pay the balance prior to trial. He can't afford to pay him, so my guess is that the attorney hasn't spoken to him at all and won't be there tomorrow.

What will happen? Will trial happen anyway?

This guy needs to be in jail!

It's unlikely an actual trial will be held if the attorney does not appear. It's also unlikely that the attorney of record would not appear or at least contact the court.

There are several possibilities, including a continuance to give the defendant time to secure new counsel, or if the defendant doesn't show, a warrant could be issued. The only person who knows how the judge will handle the situation is the judge.

 

[latigo]

What is the name of your state (only U.S. law)? AL

My daughter's ex-boyfriend is scheduled for trial tomorrow for Domestic Violence 3rd. This will be his 2nd trial for the same thing. He served 90 days the last time. This time, he pled not guilty at the arraignment because his attorney told him that he needed more time to prepare. Today, his attorney has contacted my daughter looking for him. The attorney said, "If he wishes to be represented, he needs to contact me immediately". The attorney was present at arraignment and has been paid $500. He was told that he needed to pay the balance prior to trial. He can't afford to pay him, so my guess is that the attorney hasn't spoken to him at all and won't be there tomorrow.

What will happen? Will trial happen anyway?

This guy needs to be in jail!

Having formally appeared on behalf of his client the attorney will not be permitted to withdraw as his attorney of record without leave of the court.

And generally speaking the failure to be paid is not always accepted as grounds to withdraw. Particularly in an instance such as this where the lawyer’s request would be so untimely as to be clearly prejudicial to the client.

So, if the avaricious shyster fails to appear at the scheduled trial, what will ”happen” is that the court will be compelled to order a continuance and likely find the lawyer in contempt.
___________

Now let me ask you a question. How do you come to know that his lawyer told him “to plead not guilty because the lawyer needed more time to prepare”?

Seems strange that you should be privy to any such privileged communications. Not to mention that if the guy was guilty, “prepare for what”? (Besides padding his time sheet.)

Furthermore, if what you say is true, the defense attorney had not business communicating with the complaining witness (your daughter) outside of the courtroom – or in the presence of the state’s attorney - for any purpose whatsoever!

It sounds like there are two losers here and both need to be fitted with orange jump suits.