QUESTION
Are there attorneys available on contingency fee for someone with improper counsel and false enhancements at sentencing?
Asked on Jan 14th, 2014 on Criminal Law - Colorado
More details to this question:
I need an attorney to handle a case based on a contingency fee for a significant other that was sentenced after being coerced into a plea agreement. Improper counsel and false enhancements at the time of sentencing by US assistant attorney led to a longer sentencing term that was not agreed upon in the plea arrangement. Currently serving time and now BOP has caused health issues that may result in irreversible organ damage due to medical neglect. Is on permanent disability which they have ceased due to incarceration so he has no income. Is he simply at the mercy of the BOP? Case has been mishandled from the start. When he had no additional money, he was unable to procurer new representation and is now in this situation.
3 ANSWERS
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No. It is illegal in Texas for an attorney to work on a contingency fee in a criminal case.
Answered on Jan 16th, 2014 at 7:34 PM
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1) criminal defense cannot use contingent fee agreements - it is unethical but you can pay a flat fee or pay a retainer with an hourly fee to hire a criminal defense attorney that will help you 2) if the BOP has injured you, then there are civil attorneys that may be willing to take the case on contingency - Cherie Trine in the Boulder area has taken these cases before - you are looking for a civil rights or 1983 attorney, someone experienced in prisoners rights.
Answered on Jan 16th, 2014 at 7:28 PM
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Unfortunately, the ethics rules for attorneys prevent criminal law cases from being taken on a contingency fee basis.
Answered on Jan 16th, 2014 at 7:28 PM