QUESTION
If a prosecutor decides not to prosecute at the time of trial. Did a trial take place?
Asked on Feb 23rd, 2022 on DUI/DWI - Florida
More details to this question:
DUI trial, an offer to reduce charges to Reckless Driving from prosecution was denied by defendant. Retainer for defendants attorney was paid in full. At trial date prosecution could not produce witnesses. So they NOLLE PROSEQUI before a Jury was selected.....WAS THERE A TRIAL?
1 ANSWER
Thomas Hudson
If a trial lawyer is doing his job right, 2/3 of the work is done before the jury is sworn. So if you did jury selection and the case was dismissed after that, then the lawyer deserves to be paid for the trial. In my representation agreements, I make it clear that the trial fee is refundable until a jury is sworn. After that, it is earned.
Answered on Feb 28th, 2022 at 5:35 AM