I'm sorry for what your brother is facing. Here is some general advice - first, do not post such specific details on the internet - anywhere. Based on your locale and the details, a competent prosecutor will be able to figure out who you are talking about. Secondly, search Avvo for a skilled criminal defense attorney near you and contact them. They may be willing to work with you, but you should understand the charges your brother is facing are incredibly serious and may require a trial to resolve them, which means it could get expensive. Good luck to you and your family.
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Even if a lawyer would donate his time, there are many expenses in a murder trial that he should not have to pay. These can equal the lawyer's fee for trying the case. For a murder or attempted murder case I wouldn't trust anyone who quoted you a low ball figure. These things are just incredibly expensive. Why not arrange a meeting between your brother and the conflict attorney to try to resolve their differences?
I have had cases before in Modesto, so I understand where you are coming from. Defending an attempted murder charge can be costly. Click on my name below for my website, then call me to discuss further.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
I fully agree with Mr. Kaman. For an attempted murder case, a few thousand dollars won't get you very far. If the lawyer has any experience and has handled prior murder cases, their billable rate, the large amount of work that has to be done and things such as investigator fees would eat up a couple of thousand dollars pretty quick. Be extremely careful of attorneys who will take your brother's case for couple of thousand dollars, do very little work, stay in the case through the preliminary hearing and then get out. Usually the preliminary hearing is nothing than a formality because the prosecutor can use hearsay evidence, which does not allow the defense attorney the chance to cross-examine the most important witnesses. The law allows this, so that your brother will probably end up with the same conflict lawyer he had before and you're out a couple of thousand dollars. I know you said you are not happy with brother's conflict counsel but have you sat down and talked with him or her? In Sacramento we have an administrator who oversees our conflict panel. Many times relatives will go to that person with concerns. Does Modesto have a similar setup? In any event, try to work with your brother's conflict attorney because there may be things going on that you don't know about. You seem to know a lot about your brother's case, but please do not discuss the facts of this case on this site, It is a public forum and anyone can read these questions.
I agree with other posters that you should not put out details regarding your brother's case. Also, here's my two scents with regard to appointed counsel:
I understand that when you have a loved one going through a difficult process such as this that you want answers, and you want them immediately. However, your attorney may not be able to talk to you because either they do not have information (or may not be allowed to share information) or just does not have the time to answer questions for anyone else other than their clients.
If your brother feels that HE is not being represented properly, either because the attorney is not communicating, or because he has done something wrong, he may bring a Marsden motion before the court, seeking the court to relieve his present attorney and appoint a new one.
However, I would recommend that you allow your brother to have a chance to talk to his attorney, explain why he's frustrated, and try to come to an understanding before he makes this motion.
Finally, although there may be attorneys that may take your case on for the amount you indicated, it sounds as if it is a serious case. When there are serious charges that will require extensive investigation, private representation often gets pricey. The old adage may be true: you get what you pay for. Keep this in mind when seeking private assistance.