How long will my brother be held in jail for a felony? 11 Answers as of March 18, 2013

My brother has been in jail for 5 years. He goes to trial every 2 to 3 months and usually never sees anyone and then the trail is rescheduled. I paid a lawyer $10,000. Since I have paid, I can't get a phone call or answers from the lawyer. What can we do?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
I do not have enough details in order to answer this question.
Answer Applies to: Michigan
Replied: 3/18/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Most trials are held within a year or two, except for murder which can take longer in crowded courts like the Bronx and Manhattan. The lawyer should at least take your calls no matter how busy he is. Write him a letter politely asking for a phone call and an explanation. Also, consider a motion to dismiss unless the lawyer has caused the delays.
Answer Applies to: New York
Replied: 3/17/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question is hard to answer since there are so many unknown facts regarding the case and additional information is needed. To begin with, exactly what is your brother being charged with? Does he qualify for bail and how much is the bail? Have you spoken to your brother about this situation? Although you may have paid for your brother's attorney, you brother is the actual client and the attorney may not feel comfortable discussing the case with you due to the attorney/client privilege. Your options, unfortunately are limited. I suggest that if you have not attended the hearings, you do so and listen very carefully as to what is going on. That may answer your questions regarding why the case has not been brought to trial in 5 years. You can also visit your brother in jail and talk to him, although he may or may not want to discuss the case with you. You can also hire another attorney if you feel that your brother's present attorney is not doing a good job. However, I would talk to your brother about this first as he may have information that you don't and may not want to change attorneys. Good luck.
Answer Applies to: California
Replied: 3/17/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
This is very unusual. You should set an appointment for this man you paid 10 K dollars to represent your brother. If he continues not to communicate, you should file a formal complaint against him with the attorney registry board in your state. In Illinois, it is the Attorney Registration and Disciplinary Commission.
Answer Applies to: Illinois
Replied: 3/17/2013
Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
You can try contacting the Colorado state bar. It's not typical that a case is pending for five years without good cause. The attorney you hired represents your brother, his/her confidences is with your brother even know you paid the fee.
Answer Applies to: Colorado
Replied: 3/15/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Retain a new attorney.
    Answer Applies to: Georgia
    Replied: 3/15/2013
    Hamblin Law Office | Sally Hamblin
    Something is clearly wrong. Not known what state you reside in for contact to help.
    Answer Applies to: Michigan
    Replied: 3/15/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer such as the exact section of the law of the charges, is he in jail because he was convicted and sentenced already or is he waiting to go to trial? You may want to consult another attorney and disclose all the facts and circumstances.
    Answer Applies to: New York
    Replied: 3/15/2013
    William L. Welch, III Attorney | William L. Welch, III
    Consider contacting the attorney grievance commission. Their information is available at mdcourts.gov. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
    Answer Applies to: Maryland
    Replied: 3/15/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I do not understand your question, and it seem odd that your brother would be in jail for 5 years before a trial and his conviction. His attorney, although paid by you, has a confidentiality duty to your brother, his client, and therefore may have a professional duty NOT to speak with you. You should visit with and communicate directly with your brother, and have him grant permission to his lawyer to speak with you if that is necessary.
    Answer Applies to: Michigan
    Replied: 3/15/2013
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Is he in on something else? 5 years pre-trial is a very long time. There must have been a reason. If the lawyer won't speak to you then perhaps it is time to hire a new lawyer.
    Answer Applies to: New York
    Replied: 3/15/2013
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