Do I Have a Case?

[AustinRobinson]

What is the name of your state? California / Texas.

In 2004 I was arrested and charged with a felony in Texas. I'm a resident of California. I retained legal counsel while in California on bail. The legal counsel was a firm that was led by two lawyers, let's call them Smith & Jones.

The law office informed me via telephone that I did not need to appear at my Pre-Trial hearing, so I did not. Later, the law office informed me via telephone that the grand jury reviewing my felony charge "No Bid" and that was good news because apparently that means the DA cannot pursue felony charges at that time. However, I was also told that they could go ahead and charge as a misdemeanor, and if they failed to do so for 2 years the criminal case could not move forward in any way.

I called the law firm every 3-6 months after that point, leading up to the 2 year "anniversary", requesting status and each time was told nothing new, all seems well. After the 2 year window closed, I was told that I was basically Scott Free.

Now, let's fast forward to 2007. I am back in Texas on a business trip and a police officer runs my name and comes up with a felony warrant from 2004. I'm arrested on the spot and am now fighting this 2004 charge with new legal counsel.

Here's my problem:

In 2004 I paid the original lawyers a lot of money to represent and defend me.
I was told that everything was fine, when apparantly it was not.
Here's how I feel the situation breaks down. Either:

A) I was outright lied to.

or

B) Through incompetence, my lawyers got their facts wrong and relayed this information to me.

Here's my questions:

Am I in a strong position to recoup at the very least, the monies I paid the lawyer to represent me?

Additionally, since 3 years have passed and in theory I could have had this case behind me by now, am I able to recoup any monies I now have to pay to travel back and forth to the state requiring me to appear in court (only to sign continuances) or any other kind of personal damages (I'm pretty god damn pissed/stressed that I have to deal with this and feel pretty cheated and swindled).

Here's my problems, though:

A) Smith & Jones "broke up" and now operate as their own law firms.
B) Smith can't find my file, says Jones must have it.
C) Jones won't return my phone calls.
D) District Court Clerk doesn't have any records of who was actually representing me at the time, or of any signed documents/official notifications of a warrant, etc.
E) I don't have any documents from these lawyers that show the proof of their negligence


What should I do? I'm being completely railroaded by these guys who took my money and basically screwed me over.

edit:

I really appreciate any and all help, shared experiences, or insight.

[AustinRobinson]

Update:
Are all lawyers crooks? After reading some of these ego-centric replies it certainly appears so. I really have lost all faith in our 'legal system'. Seems to me like it's more about self-sustenance than it is about actually determining guilt vs. innocence and doling out justice.
I don't want to soapbox here, but seriously... incredibly sad state of affairs I've experienced thus far being on both ends of the criminal justice system. Sloppy, ineffectual, and enterprising to say the least.

[quincy]

I hate to say this, since you do not seem overly fond of the legal profession, or lawyers in particular, but what you need is a good lawyer.

It does appear, from what you have stated, that there was a screw up - and the screw up may be traceable to your original lawyers, or to the court. It could be possible that the error is only in the recording of the final judgment and nothing more than that. But you will probably need a good lawyer to navigate the legal waters to get the answer.

I am not an attorney, so you should probably wait for one to post, as they will have insight and advice that I do not have (although I bet they, too, will recommend you get a lawyer ).

[tball]

First off I can relate to your disgust with the legal system and lawyers. I'm not a lawyer but here is my two cents for whatever it's worth.

It seems strange that you would have a felony charge in Texas and California lawyers representing you. Did they appear at your hearing in Texas?

Also the court should have something on record if they had the original warrant. Are you saying there was absolutley nothing filed by these guys after your warrant?

I hate to say it but it sounds like they did absolutley nothing but make a few phone calls.

From the outside, it still sounds like you would have a good case if you have proof of the amount you paid them, and they have nothing to show that they did any work for you at all other than a few calls, if that.


They have no records and the court shows no sign of them filing or responding for you in any paperwork.

The evidence in this case, is actually the lack of evidence so to speak, which seems to clearly support your claim that they hosed you and did nothing. If you have proof of payment, that alone and the fact you were arrested several years later for the same warrant, is pretty solid evidence of your claim.

I'd speculate that they can't find your paperwork and don't return your calls because they are likely aware of this. They may have even discussed it.

You can still file a suit lisitng both of them even though they are broken up. This would give them the opportunity ( and incentive) to find some paperwork proving they did some work for you, if it exists.

If they come up with nothing, it's more in favor of your claim. In other words call their bluff and see if they have anything, phone calls won't do it if they have something to hide, a lawsuit will. If they have nothing to defend themselves with they may try and settle with you out of court, whcih could be in your best interest.

In it I'd say file for everything you think you are legally owed, including pain and suffering as a result of being arrested. This is on top of your expenses and legal fee's. They're lawyers and will pick away at it anyway, let them have to sift out what isn't legal or applicable. Just don't file for weekly groceries and your wifes car repairs (unless you drove to texas.... mileage)

The fact you paid them may be all you have to go on, but that's proof you hired them for something.

Also they really cannot claim that they told you anything other than that the charge/warrant was dismissed or dead in the water, even if you don't have paperwork stating this (which you should have gotten and is further proof of their negligence/incompetence), otherwise you would have still been fighting it. Why would you walk away from a felony charge that you hired lawyers to defend you against if it was still in place?

Filing the suit itself should not be incredibly expensive, following through may be, but by then you'll have a better understanding of if they have anything at all and where to go with it. To get an answer from them I think you will need to sue and call them on it, and I hate to say it, for that**************. you may need a good lawyer.

This is just one outsiders opinion.

And BTW if it's one thing I've learned in here it's that there is no such thing as a lawyer giving free advice, but they will tell you you need a lawyer real quick.

[tball]

Also get your hands on whatever court documents you can regarding the warrant and see if it contradicts what your lawyers were telling you as you waited two years. Obviously the fact the warrant was still out on you contradicts what they told you in the end. Maybe they figured you'd never be in Texas again, or find this out.

You need to find out why the warrant was still there and court documents should reveal this and any contradictions. There is no way they can say they told you something else, such as saying they told you the warrant was still in effect in order to cover their butts.

The unfortunate things that have occurred to you as a result of this, such as you getting arrested and finding out these guys did nothing for you, are what you have in your favor against them. I'd imagine these guys are crapping their pants right now. What does your new attorney say about this situation... anything?

[AustinRobinson]

I now have indisputable evidence which shows when/where I paid this lawyer and the fact that I placed phone calls to this lawyer over the course of time (my calls to them, continually over a period of time -- where I was told I was "free and clear" when indeed I was not). So I have scanned documents which show I paid this guy, documents which show that _I_ was calling him throughout the course of time, etc.

Here's the ironic rub, however....

When I checked the payment records from 2004 of whom I paid to represent me (and who ultimately failed to represent me at that time), it turns out it's the same law office I have today.

I **** you not.

Now, I don't know if this is a good thing or a bad thing. I'm thinking it's a bad thing. My question to these forums would be, how in the world do I proceed from here? I have somebody working for me who is at the same time somebody who screwed me over. Do I talk to the judge at this point and explain what's going on? Do I talk to the prosecution? This is totally bizarro land for me right now, and I'm feeling quite desperate. Ugh. Please help. I'm being charged with a felony DWI that carries a minimum 2 year sentence, but I seriously wasn't drunk at the time (no breath test, no blood test, video tape shows that I'm lucid). I've placed my money and my faith in a law firm that I've now discovered completely screwed me over 3 years ago. What should I do here? How do I bring this to the attention of the judge, prosecution? I'm just a common citizen and what not and I have no idea what kind of "motions" I may need to place or whatever to present what the reality of what going is Again, please help.

[tball]

hard to understand how you could rehire the same law frim and not realize it.....

if they raked you over, they're not going to help you, AND you would need to hire a different attorney dut to conflict of interest.

But you said they broke up and weren't returning your calls, now you are saying they are your current attorney**************allot of things aren't making sense here.....

also.. after any court case you should be certain to obtain paperwork of any final judgments.

[HomeGuru]

Originally Posted by tball

hard to understand how you could rehire the same law frim and not realize it.....

if they raked you over, they're not going to help you, AND you would need to hire a different attorney dut to conflict of interest.

But you said they broke up and weren't returning your calls, now you are saying they are your current attorney**************allot of things aren't making sense here.....

also.. after any court case you should be certain to obtain paperwork of any final judgments.

**A: my points exactly.