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Is 18,000 retainer fees high for a criminal lawyer?: Brother has been falsely charged with 7 counts ranging from penal code 261-288. He has a preliminary hearing scheduled tomorrow. What are chances the charges can be dropped?

Asked about 2 months ago in Sex Crime

S. Jacob’s answer: The fee depends on the lawyer's experience and the demand for his or her time, the complexity of the case, the amount of work the lawyer expects to have to perform, whether the lawyer will have to decline other work to be available for this case, the normal fees in the community, and other factors.

If the case was filed then the DA believes it can be won at trial using the highest standard of proof in law - proof beyond a reasonable doubt. At the preliminary hearing, the judge will be applying a much lower standard - a preponderance, looking to see if it is more likely than not that the crime charged was committed by the defendant. If the case is strong, I wouldn't expect it to be dropped.

Answered about 2 months ago.


How can I drop charges on a domestic violence charge?: My husband and I were drinking and things got heated last night he grabbed me around my throat and slammed me onto our grandson whom was not hurt and as I was heated I called the cops and told them I wanted to press charges and he went to jail. I don't want to press charges anymore how can I drop charges?

Asked about 2 months ago in Criminal Defense

S. Jacob’s answer: If you did anything wrong (like struck your husband without justification or made false statements to the police) then you could get your own lawyer who can explain to the prosecution that you will invoke your right not to incriminate yourself ("take the 5th") making it very difficult for the DA to successfully prosecute your husband.

There's a reason why domestic violence cases are prosecuted even after the victim recants. Often, the attacker is a breadwinner and after S/he is arrested and jailed the victim thinks "now what am I going to do to put food on the table" so they recant. Well, history shows that victims (usually women) are often badly injured or killed by attackers (usually men) who retaliate for being reported. DAs now make policy by zealously prosecuting alleged attackers even if the victim recants to send a message that the government takes DV crimes very seriously.

Answered about 2 months ago.


Can one fly domestically with a misdemeanor bench warrant?: family trip coming up next week, one of my relatives just revealed to us he has a warrant out, my question here is will he be able to board the flight and pass threw the TSA security without any trouble?

Asked 7 months ago in Criminal Defense

S. Jacob’s answer: I agree that it's far better to handle this now than to keep looking over your shoulder; a simple traffic stop can become a serious disruption.

Answered 7 months ago.