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Is this ethical?

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Old Nov 10th, 2007, 03:59 AM     #1
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Default Is this ethical?

I was served a search warrant for a possession of child pornography. I called an attorney who promptly came over. When he arrived he asked to look at the warrant which he looked at for maybe 10 seconds to see who signed it. Later that night we were allowed to confer outside in view of the police. He got on the phone with someone whom I presume was the district attorney. He got off the phone and in a very emotional tone told me that I had one chance to minimize my exposure. He said it about 5 times. I trusted him and asked what that meant. He told me that it would mean 3-5 years probation w/ deferred adjudication, probably not have to register, and take some classes (this is how he described the sex offender treatment program). That night he encouraged me and my family to answer investigator questions. The next day he called and said that things were going well in fact so well that he said that "even in the worst case scenario, there is an 85% chance that I would not have to register." He then told me that he had talked to the prosecutor and said that the prosecutor gave him some ideas as to get no billed by the Grand Jury. I did all that was asked over several months. When I questioned the case he got upset and said that if I did not want to do this I need to tell him now. I also asked him at that time could we not at least investigate the original search? He said that the authorities did not have to disclose their investigation. By then I had found out the the prosecutor is his best friend, I then stated that fi he keeps his word I am Ok with his plan. I thought that the worst case was probation w/o having to register and I had a good shot at being no billed as he told me that I would appear before the Grand Jury and give them reasons not to indict me. Following that the prosecutor would offer a sympathetic statement to the affect that he would be OK with a no bill. I was further assured that even if I was indicted that it would be for 1 count. I also initially asked about the search where the CP was allegedly found. This was at a computer repair shop. I had no idea of the scenario but I felt that it was strange that I was served with a warrant 4 months after picking up our family's computer. My attorney assured me that he felt that the search was proper. Well in the Grand Jury I found myself ambushed by the assistant DA, there was no sympathy. Furthermore I was indicted on 2 counts which doubled my exposure if I did not go along with whatever the prosecutor offered me. I then went to a law library and found that the pertinent case Rogers v TX exposed several differences in my case. I called my attorney and said I felt that we should make a motion to suppress and a motion to dismiss. Well he exploded on me, yelling loudly, not raising his voice but yelling. He said that even though I had a work order issued that clearly contradicted the statement made by the employee at the comp repair shop (I later found out that this person was currently on 6 yrs. probation and had no training to claim he was a tech), my lawyer told me that it didn't matter, that the local judge was a "hanging judge" and I would be sent to prison for a long time. The next week I called him and asked if we couldn't at least investigate the search and he again started yelling at me again. He told me that I would have to register for 10 years after the end of probation which I would not have gone on with the lay down if I had known what was in store for me. Just prior to the date for adjudication, I asked to see the original affidavit that triggered the search of the comp. repair shop. When I read it I was livid as I found out that the comp tech claimed to be the senior tech (lie) and he further went on to say that I was so adament about backing up my entire hard drive that I would not give permission until he agreed to back it all up. This was a direct contradiction to my written and signed work order. My lawyer told me that if we tried to look into the warrant that the deal was off the table and I would face prison. So I plead. He never told me that I had 30 days to change my plea which would have allowed me to at least investigate the search. After I went to the treatment program for the second time I knew that I had to do something. When I read the file I was astounded to see that the affidavit was different. It was very different that the one my lawyer showed me just prior to the day of the plea. My problem with my lawyer is that I do not think he is that poor of an attorney but that he originally believed that the prosecutor would do as he was told. Since it was his good friend he did not do his due dilligence as he thought even without written agreement he was on solid ground. When things started to deterioate, he failed to inform me as it would have alerted me to his mal practice. He hoped that I would just go along with this and not look into all the shenanigans. I found that the material was seized from the computer shop without a warrant. I was never told that. I feel like it was more important to make nice with his friend the prosecutor rather than to protect my interests and then to cover up his actions. Maybe I am wrong. Any comments?
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Old Nov 13th, 2007, 07:22 AM     #2
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Default Re: Is this ethical?

Well you could investigate that further and if he indeed did not act reasonably and properly, a Bar complaint could be filed or you could even sue him.

But it will be very difficult to undo your plea--
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Old Dec 2nd, 2007, 07:37 PM     #3
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Default Re: Is this ethical?

I have been told that I have grounds for a habeus motion. Also involved in this case were several affidavits that have seemingly disappeared and original documents that have been replaced after the case was adjudicated. But I do not know and I dont have any money now. You can't get a straight answer from an attorney especially when they think you are going to file a grievance against another attorney. My new lawyer has said to me how do you prove that they did what you say. I am not sure I am not the professional, but it seems like the way the system is set up that they can pretty much do as they please.
I wish I could have a conversation with a competent and passionate criminal defense attorney.
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Old Dec 5th, 2007, 05:20 PM     #4
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Default Re: Is this ethical?

If you are going to hire one, most will give you an initial consultation...
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