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Criminal law

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Wunluv
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Joined: Wednesday August 31st, 2011 10:18 pm MDT

Criminal law

Postby Wunluv » Thursday June 13th, 2013 5:49 pm MDT

My love one's trial is going to start on Monday, 4 days from now and our lawyer is unprepared and has not even done any investigation or hired an investigator. She just told us a lot of unfulfilled promises and now she says all she has is our love one's word for his defense?

Is there anything we can do to stop the trial?

We want to hire another lawyer.

Is there any way we can get our $25,000 back?

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Re: Criminal law

Postby Admin » Friday June 14th, 2013 1:18 pm MDT

:h: Wunluv:
Because the purpose of our Open Forum is for posting general inquiries regarding Team Law and our services (see: Forum Rules 3, 10 and 11) we will review your post as if it were made for that purpose and not as a highly personal matter.

Because people today often have no idea of what the laws are, when they run up against a situation that requires such knowledge they hire an attorney (if they can afford one). However, hiring an attorney neither removes the necessity of knowing the law nor removes the responsibilities/accountability imposed by the law. Thus, when choosing an attorney it is critically important to choose one that is likely to serve your purpose and prevail. However, how can you know that you are making a correct choice until after the matter is resolved?

The answer: if you don’t know the law and the attorney’s history of success, you have little to go on to support your hope for success.

The bottom line: never in ones life do we come to grips with the obligation (necessity) each one of us has to know the law like at the time of a defensive court battle. It is at that time, when we are least prepared to succeed, that we recognize the necessity.

Respectively, if the only good thing that comes from such a situation is we discover the too long overlooked obligation of learning and applying the law and we commit ourselves to honoring that obligation, that commitment could actually save our lives or the lives of our loved ones.

Thus, if we were in the situation you described and we needed to stop such a trial, we might timely fire the old attorney and hire a new attorney; which could (with proper pleadings) have the effect of postponing the trial.

However; it also sounds like you might be expecting attorneys in real life to act like TV and movie attorneys that go out and physically investigate and solve crimes before the trial. Nonetheless, that is not the job of an attorney. Generally, beyond evidence collected in accord with a Motion for Discovery, the client provides the attorney with any evidence that will be needed at trial. Thus, if the only evidence available to an attorney is the word of mouth of their client, one would be left with only the hope that the attorney is sufficiently qualified to win without supporting evidence and hope that the prosecution does not have compelling evidence to convict.

The fees paid to an attorney in the form of a retainer are used to support the attorney’s costs to defend in the case; they usually cover the initial cost for preparing pleadings, paralegal services related to such preparations and court costs related to the same; they do not usually cover expenses for a private investigator; unless that is also specified in your agreement with the attorney. If the attorney does not present a defense and there was evidence available that proves the defendant’s innocence or the attorney commits malpractice, one can sue the attorney for a return of the retainer. However, you must understand that by noting what we might do we are in no way providing you with any advice.

The fact remains, so long as any of us remain ignorant of the law we remain in the position of pawns, subject to those that control the legal system. The only true remedy is: “First learn the law” only then can you apply the law. Even when hiring an attorney, if you do not know what the law is, how can you know that the attorney is applying it correctly?

Of course, at Team Law we help people learn how to learn the law so they can learn how to apply the law. We do it because it is the only way to save our nation; the people have to awaken to the necessity to learn and apply the law.

Because all authority in government comes from the individual people, the individual people have the ongoing responsibility to know what that authority is and how to apply the same. That means we are obligated to know the law. Given the fact that each individual man’s and each individual woman’s authority (the source of all authority in law and government) comes from our Creator, we are each responsible to our Creator for how well we control that authority and how it is used. Thus, we are all required to know the law and to apply it. Also, if whenever any law applies to us, we are also required to know what that law is—ignorance of the law is no excuse for its violation. Respectively, we are all obligated to know the law as it applies to us.

The good news is learning the law is actually a simple process and we can help you do it.

We hope this information is helpful to you.
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