QUESTION

Is a 17 year old responible for criminal attorney fees in NYS

Asked on Mar 14th, 2013 on Criminal Law - New York
More details to this question:
My son a 17 year old needed a criminal attorney to defend himself when his old girlfriend found out he was seeing another girl. He pushed her out of our home after she attacked him in our home. The police arrested my son because of this girl. It went to Supreme Court and a lot of lawyers fees. We even had witnesses. $10,0000 dollars later and still in debt for $4000.00 the lawyers are now sueing my son who is now 21. I signed the agreement not him. Help?
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1 ANSWER

Criminal Defense Attorney serving New York, NY at Nass & Roper Law, LLP
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Hi, thanks for writing. It is common for criminal defense retainers to have payments made throughout the entire period of prosecution. In which case, he may have "re-signed" or fully agreed to pay the retainer at one point when he did turn 18. This could be done outright by saying it or signing it, but it could also have been done impliedly by continuing to use his services once he turned 18. Your son, on his 18th birthday, could have fired the attorney. He did not. So it is plausible that the attorney found your son impliedly agreed to continue using the attorney's services once he turned 18. In which case, he would be liable for the amount owed.  That being said, you, as co-signer, would be jointly liable for the amount owed. I'm surprised the attorney hasn't gone after you for the remainder of the money owed. He likely will one day.  In general, a person under the age of 18 cannot be bound to an agreement/retainer/contract.    Evan H. Nass, Esq.
Answered on Mar 15th, 2013 at 3:07 PM

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