Legal Question in Appeals and Writs in North Carolina

house arrest

A dear friend of mine has been incarcerated for about 7 months, he cannot find answers to his questions about either house arrest or probation. He is serving time for a crime he did not commit. Unfortunately, he did not hire adequate council, therefore he is in prison, there are only a few questions that he needs answered but the lawyer that he employed took his $7000.00 and will not answer any questions. PLEASE HELP!!!!!!!!


Asked on 2/23/03, 9:29 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: house arrest

We probably need more facts to better answer this question. I cannot discern whether these are state or federal charges, whether there was a trial or a guilty plea, or whether your friend is simply being detained (e.g. pending trial). We also canot discern the nature of the services that were purchased; i.e. the terms of the legal agreement; nor can we determine what services have been provided. It may be, for example, that your friend had a trial and the $7,000 was well-spent and that fee did not include an appeal (or other post-judgment remedies). In general, however, I would hope and expect that the attorney at least explained these options generally at one point. It is less clear what his/her duties at this point would be, but I would hope that he or she would explain these basic things to your friend (i.e. his options at this point, and the cost and availability of them). You could of course hire another lawyer. Depending on exactly what has transpired, there may be some ethical guidelines applicable to the attorney's duties. You may also want more information from those attorneys more experienced in criminal law. Good luck.

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Answered on 2/24/03, 9:04 pm


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