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Any attorney for criminal experience

I am looking for an attorney for my brother to do a criminal andy10010/02/18
He shouldn’t have done the crime if he wasn’t prepared t dingbat10/02/18
There is no presumption that it is frivolous. As dingbat sai thirdtierlaw10/02/18
You sure he didn't do it? You sound like the family member o isthisit10/03/18
I’d like to propose hiring Opal, and the following plan. W loser1210/03/18
The responses I received are on par with what I expected. Bu andy10010/03/18
I know what this is now. Good luck. I don't know how he's fuckyouracists10/04/18
It may be possible to get some pro-bono or low cost assistan wutwutwut10/03/18
Thank you andy10010/04/18
Hey, it doesn't look like your brother was barred anywhere? wutwutwut10/04/18
Yeah, it'll be a tough one for sure. Thanks for the well wis andy10010/07/18
andy100 (Oct 2, 2018 - 4:47 pm)

I am looking for an attorney for my brother to do a criminal appeal in a federal circuit court. A little about the case: my brother is a lawyer who went after some real estate moguls in South Florida; in retaliation he was set up with a bogus fraud case and was consequently to the maximum allowed by law for his "fraud" for refusing to lay down in in the case. My brother never committed the fraud he was punished for; but he never had the money to properly defend himself; the lawyers he was assigned unfortunately appeared more willing to work against him than for him in his ordeal. His now assigned appeal lawyer won't answer his calls or his e-mails or my calls to her. The problem is that if the lawyer does not raise the issues that need to be raised, the appellate court won't reverse the lower court's rulings and my brother will be stuck with his absurd sentence. (the issues from the lower court are that his subpoenas for key witnesses were denied, his exculpatory evidence was excluded, and the crimes he was charged and convicted on were different than the crimes for which he was punished, among others; we can go over the issues in depth with those interested in helping).

He needs a lawyer who will raise these issues for him. As he is a lawyer, he has done the work himself, and there is little work involved in the briefing-researching process. He essentially needs someone to work with him in the filing of his brief (he doesn't want to file pro se because those filings in the criminal process are presumed frivolous, and he doesn't want to risk the consequences of such a presumption). We have little money but we're willing to pay a small fee to an attorney willing to help. Plus we will pay for any expenses, including Westlaw or LexisNexis if needed. But we're looking for someone to do it for the experience, and possibly for the exposure involved (there were some articles on the situation plus there is a book a journalist is writing with my brother's help).
My brother is happy to sign any document limiting your liability regarding the representation, regarding any lack of experience in the matter etc. While any attorney from any jurisdiction should be allowed to represent him with the proper filings, the appeal is in the 11th Circuit. This is for real and I am happy to discuss the situation further with anyone interested in the matter.

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dingbat (Oct 2, 2018 - 6:15 pm)

He shouldn’t have done the crime if he wasn’t prepared to do the time.

Your brother should file pro se. he’s an attorney and did the work, why waste money unnecessarily?
The presumption of a pro se being frivolous is ridiculous - either the appeal has merit or it doesn’t. As a matter of fact, it's better to be pro se, because judges will bend over backwards for pro se litigants, giving them every chance to correct every little thing that an ordinary attorney would get in trouble for.

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thirdtierlaw (Oct 2, 2018 - 7:02 pm)

There is no presumption that it is frivolous. As dingbat said, there are either merits to his filing or not.

At the very least he can file his notice of appeal before the deadline.

I practice criminal law, have you considered the fact that he may be guilty and that his appeal is without merit? I do a fair amount of fed work, but I hate it. The reason I hate it is that most of the time it is just a sentencing court. Most federal prosecutors are extremely risk adverse. They do not typically bring cases until they are slam dunks. Sure there are exceptions, but it should at least make you take pause.

Also your quote, "the lawyers he was assigned unfortunately appeared more willing to work against him than for him in his ordeal." Once again after having practiced crim law for awhile, I've heard this about prior counsel from clients and more often from client's family a lot. I've heard it said about some of the absolute best defense attorneys in the state. It is almost never true. The confusion almost always comes from, here is my favorite quote from an ex-client who was trying to get assigned new counsel, "he never calls me with good news!" A defense attorney's job isn't just to take the case to trial and get an aquittal, it is to have a frank discussion about the strengths and weaknesses of the case and if the case looks bad, attempt to work out a favorable resolution for the client.

Please don't misunderstand why I'm sharing this with you. I hope you're brother is right and he is successful in his appeal. I'm sharing this because I see clients routinely lie to their family about what actually occurred. I've seen them convince their family to spend 10s of thousands of dollars on absolute losers of cases and then continue to lie to them while they are serving a sentence. The family then drops another $5k-$10k on a frivolous post conviction relief claim, only to have them convinced that the attorney doctored all the evidence, lied about the conversations she had with the client, and the federal prosecutor and federal judge let her get away with it because they are all in it together. It's actually quite mindblowing, including ignoring emails sent by their very family member.

So I'm just saying, buyer beware.

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isthisit (Oct 3, 2018 - 1:19 am)

You sure he didn't do it? You sound like the family member of a typical client transferring from a previous attorney. So I'm wary of it.

Tell your brother to file pro se. Any attorney foolish enough to mostly file your brother's work on his behalf is not an attorney worth retaining.

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loser12 (Oct 3, 2018 - 6:24 am)

I’d like to propose hiring Opal, and the following plan. We start by tagging prior counsel and the feds’ garages with lipstick and crayon, and then get the personal cell phone number of every appellate judge and tirelessly text them into submission.

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andy100 (Oct 3, 2018 - 3:49 pm)

The responses I received are on par with what I expected. But not every case is the same. Perhaps I should have posted my email for anyone interested in discussing this privately. A couple of points: this is not the type of situation where the lawyers assigned did their job. I know they did not because they time and again lied to me; one lawyer didn't even served the subpoenas for the witnesses that the judge did approve. In any event if there's anyone interested in discussing this privately, please e-mail me at [email protected]

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fuckyouracists (Oct 4, 2018 - 3:54 pm)

I know what this is now. Good luck. I don't know how he's going to get out of it tbh. The odds of proving the system was stacked against him in every way via every channel whether the banks, the attorneys, former employer is next to none. Came across it years ago doing research on something separate and kind of followed throughout. Think the damage has been done years ago. Way, way before it even got to this. I honestly don't know how an appellate lawyer is going to fix it even if what you state is true. That's just my personal opinion and two cents based off what I read. I'll give it to him, he went down swinging. Again, good luck.

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wutwutwut (Oct 3, 2018 - 5:24 pm)

It may be possible to get some pro-bono or low cost assistance through local bar associations. Since you said the appeal would be heard in the 11th circuit, consider reaching out to (or at least researching the websites of) ATL, JAX, Orlando, B'ham, Montgomery, etc. bar associations.

Anyway, good luck to you and your brother.

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andy100 (Oct 4, 2018 - 3:24 pm)

Thank you

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wutwutwut (Oct 4, 2018 - 6:10 pm)

Hey, it doesn't look like your brother was barred anywhere? If this is correct, when you talk to other lawyers you should refer to him as a law grad vs. "a lawyer" as you did a couple of times above. Tends to set people's teeth on edge.

If I'm wrong (he is (or was)) barred somewhere, just ignore this message.

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andy100 (Oct 7, 2018 - 5:18 pm)

Yeah, it'll be a tough one for sure. Thanks for the well wishes. If anyone wants to know more or discuss it privately, feel free to reach out to me. He has killer issues on appeal, but indeed chances are he will loose. The problem with reaching out to legal aid etc. is that at this stage in the process the attorney is either appointed by the court or he is retained. So he can't reach out to legal aid. And those appointed by the court to date have every incentive to not help him. Those we paid were still local attorneys who screwed him, but only reluctently so.

And no he wasnt barred anywhere, just using lawyer for law grad v. Attroney as barred. Thanks.

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