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My son has been sitting in jail for almost 2 months on a charge that I feel will be thrown out but his attorney has made no

Dallas, TX |

contact with him and doesn't answer my phone calls or e-mails. Is this normal or do I need to find another attorney?

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Attorney answers 3

Best Answer
Posted

What is normal varies from case to case. There are only a few things an attorney can do preindictment. He can file a motion to reduce bond. He can request an examining trial, which is largely a formality but can serve some strategic purposes. He can also file a grand jury packet to try to prevent an indictment if the facts warrant it. How each case is handled depends on the specifics of each case. You need to have a sit down with the attorney you hired to get a better understanding of what's going on before you decide to hire a new lawyer.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.

Asker

Posted

He has already been indicted which I feel if they had the right information, he would not have been indicted. I will try to make an appointment with the attorney.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Best of luck!!

Asker

Posted

Thanks.

Posted

Your son's lawyer represents your son so it is less of a concern that the lawyer has had no contact with you. If indeed there has been no contact with your son, it depends on why. Has he not been to court? Is the case set for trial in the distant future? It really depends on what is going on. However, if your son feels that he needs an update or information, he should write a letter to the lawyer and ask for the information he desires.

Asker

Posted

I hired the attorney for my son so yes should have contact with me as well. My son has been indicted and has a court date in a couple of weeks. However, I or my son don't know if he is preparing or what is going on. My son should be able to be released on OR but I can't get an answer from the attorney why he can't.

Cynthia Russell Henley

Cynthia Russell Henley

Posted

Actually ma'am, the lawyer should have advised you from the beginning that the lawyer represents your son. Your son must give explicit permission for the lawyer to communicate with you. Paying the fee does not make the lawyer your lawyer. If the OR did not contain sufficient information to proceed forward, then he would have never been arrested. A prosecutor reviewed it before charges were filed. Moreover, a prosecutor has looked at it since. And, since he has been indicted, that means a grand jury found there was sufficient evidence to proceed forward. As I said before, your son should write a letter to the lawyer asking him questions and perhaps asking for him to visit. If your son is not satisfied with the lawyer's representation, then he can let you know and you can hire another lawyer to substitute in.

Posted

You really need to direct this question to his attorney. His attorney needs to show due diligence in representing your so and that includes meeting with him in jail and talking with him. He might not have authority to talk to you because you are not his client.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Asker

Posted

I would direct this question to his attorney if he would return my calls or respond to my emails. He does have the authority to talk with me because I hired him.

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