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Is my lawyer unethical?

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twohits

Junior Member
What is the name of your state? I live in Mass. after an Oct 31 2003 arrest I hired an attorney to represent me. During the legal proceeding which lasted over a year an additional complaint was filed against me by the Maynard police. On Jan 14 2004 while I was walking my dog in another neighborhood a women who was close friends with some neighbors I was having trouble with pulled out of her street took a wide turn and struck me with the side view mirror of her SUV. I carried a video camera with me because of all the problems I have been having. After being struck I called the police and requested assistance. The police arrived with an ambulance. While this was happening the woman who hit me went to the police station and claimed I blocked her path and made a gesture with my hand as if I were pointing a gun at her. While I was in the ambulance a Maynard police sargent came in and began searching my coat. I asked him what he was doing and he said he was looking for a weapon. He then took my video camera and removed the tape. Again I asked him what he was doing and he said he was taking the tape for evidence. I had no idea what was happening because I did not know this woman went to the police. Anyway approx one week later I received a complaint in the mail. It had three charges on it. One for assault, one for filing a false police report and one for creating a disturbance. Knowing I already had an attorney I informed him of this issue and he said we would deal with it after the arrest case was resolved. Also on Jan 11 2004 the fire Chief of Watertown who was the neighbor I was having problems with in Maynard assaulted my 12 year old daughter in the church parking lot and verbally intimidated her and my 7 year old son while in the church rectory where they go to CCD class. I went to the police and later brought my 2 kids in to testify. The police chief sided with the Fire Chief and claimed the Fire Chief did not assault my children even after they told there story to him personally. I had no choice but to file a crimminal complaint myself. So now I have the arrest that my attorney is working on and I also have the two other issues I mentioned earlier. The assault complaint against my children kept getting continued by my attorney because he said we should close out the arrest first. I agreed. So approx. one year later the arrest is dismissed and I asked my attorney when were going to address the other two issues. He said give it time. A friend of mine got me a copy of a CORI report and after I read it and saw what was on it I was floored. I expected to see the arrest from Oct 2003 but I also saw the assault from the complaint the police filed in Jan 2004. Apparently my attorney took it upon himself to combine the two cases without my consent. When I agreed to pretrial probation for the arrest I was also unknowingly agreeing to pretrial for the assault as well. The assault never went to the clerk like I thought it would. My attorney also mislead me to thinking the assault and intimidation charges I filed were being continued. They were not. The last clerks hearing date of Sept 2004 was never continued like I was told by my attorney. When no one showed up the clerk threw it out. I spoke to the clerk and I was told that my attorney made a deal with the Maynard prosecuter. I never gave my consent for either of these two issues and my attorney never spoke to me about his intentions. When I challenged him on these two issues he began to yell, swear and threaten me. What can I do. I have no more money as he charged me $33,000 for the Oct 2003 arrest. Please some one help me. The police harrased me and my family so much we moved from a town we called home for 20 years. Now my attorney does this to us. Please advise me.
 
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twohits

Junior Member
your screwed

Thank You stephenk. I expected something a little bit more insightful from a senior member. Obviously you have no idea how to respond to this question but none the less you feel compelled to make others feel worse. Maybe there is some one out there who can provide me with an intellegent response and not something my 14 year old daughter would say.
 

stephenk

Senior Member
I am sure your daughter is proud of you with your arrest record. What are the charges from the October 2003 arrest? it must be a felony or else why would you pay $33,000 for a defense.

Let's see, you have no money but you do want someone to "help". shall we pass the collection plate for your defense fund?

If you don't like your attorney for whatever reason, you can hire another one. If you can't afford an attorney, file a request for a public defender. If you qualify, you will be assigned a new attorney. In the meantime, file a complaint with the state bar regarding your attorney if you believe the attorney was unethical, negligent, or criminal in his activities.

you can always represent yourself too.
 

twohits

Junior Member
I wasn't asking for financial support just advice. The charges in Oct from the arrest were disturbing the peace, then a second charge was added for resisting arrest at the station and twenty minutes later a third charge was called into the station by the arresting officer. This third charge was base on a statement made by the wife of the Fire Chief alleging that while I was in the police car while being hauled off to the police station I looked thru the holed metal plate side window and yyelled "I am going to kill you". If I in fact did just that wouldn't you think the officer in the drivers seat would have heard it himself and cherged me on the spot. Again I DO NOT want financial support just some logical advice. Prior to the Oct arrest my I have never been arrested before and never had problems with the law. I put a couple of additional posts on the civil page and the sentencing/paole/plea bargain page and the civil litigation page that I hope you would read to have a better understanding of what I went thru.
Just want some advice from people I thought were here to do. I am not a laywer but I am a fighter. I just want to be prepared and have all the facts before I go into battle.
 

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