Two seperate courts charged for same crime.

My son was cited for a misdemeanor and requested to appeared within a week. He did and was charged and given a pretrial date. The procecutor in the county decided to file felony charges on the 3 co-defendants 3 days later, unaware that my son had already pled on the misdemeanor. We worked a deal with the procecutor on the felony charge. Later the distric court filed a warrent due to a missed court date on the misdemeanor. The procecutors didnt know each other had charges. My sons lawyer on the felony wants an addiitional retainer to represent on the misdemeanor. Help

Asked on June 12, 2009 under Criminal Law, Washington

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the lawyer on the felony didn't know about the misdemeanor citation, I don't blame him or her for wanting an additional retainer.  The felony prosecutor would have expected your son's attorney to know about other proceedings for the same thing, and to talk about that;  dismissal of the misdemeanor charge, by the docket or case number, could have been written into the plea bargain agreement on a routine basis.

Now, if the lawyer on the felony did have full information about the misdemeanor charge, I'd hope this would be a fairly small additional retainer.


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