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Criminal Related Links and Articles

CRIMINAL ARTICLES:

Probation Violation

Domestic Violence

INFORMATION:

Legal Briefs

Criminal Law Resources

CRIMINAL TRIAL RESULTS IN THE MEDIA:

Maintenance Man Acquitted of Rape

The Iraq Defense

Other Articles of interest relating to Criminal Defense:

The Walking Wounded and PTSD

School Teacher Wins

Judicial Conduct Requirements

Restitution Law

State Bar Rules on Attorney Fees

Government Claim Forms

Citizen's Legal Press (Articles on a Variety of Legal Issues)

Alternatives to Jail: PC 1000 Drug Program, Civil Compromise, Home detention, Work Furlough, *Drug Court, (*different than PC 1000)

Shopping for a Qualified Attorney?
some Questions to ask.

 


 
 

 

HOW DO YOU KNOW THE CRIMINAL LAWYER YOU WANT TO HIRE IS QUALIFIED?
 
Here are some Key Questions:

  1. What is your experience in this field?

    I've been a Criminal Defense attorney in San Diego County since 1983 and have handled many types of criminal matters successfully through trial.

  2. Have you handled matters like mine?

    Most likely yes, just ask!

  3. What are the possible outcomes of my case?

    I've been an Attorney since 1983.  With that experiance, I'll be able to give you a good idea of what to expect! Many cases resolve without jail or the need to attend court.

  4. What are my alternatives in resolving the matter?

    Many cases have alternatives to "Jail Time". I'm very experienced in a variety of sentencing alternatives i.e. Work Furlough, Electronic Bracelets, Drug Diversion and Drug Court.

  5. Approximately how long will it take to resolve?

    In most Misdemeanor cases about 60-90 days unless you request a jury trial, then about 120 days. This assumes you waive time for a speedy trial in order to give me time to fully prepare.

    In most Felony cases, first you go through the above misdemeanor process in order to negotiate the case to resolution. If we can't then the case goes to a preliminary hearing to determine if there is probable cause to bind you over to the Superior Court. In Superior Court, the case will continue for another 30-60 days in another attempt to settle the case, if not, it goes to trial. If the case settles, sentencing usually takes place in 30 days. We prepare for sentencing to assure a minimal penalty.

  6. When is the last time you did a Jury Trial? What was the outcome?

    There are a lot of lawyers out there that do not go to trial. This is not good for you. Even if your case does not go to trial, the District Attorneys office knows which lawyers are fighters and are more likely to negotiate a reasonable resolution to your matter. I go to trial regularly, see some of my current results.

  7. Have you ever won an illegal Search and Seizure Motion, Appeal or Writ of Habeas Corpus?

    Yes, many. Please request!

  8. Have you ever been able to save a persons license?

    Yes, I have saved many first, second and repeat DUI drivers licenses at the DMV hearing. I have won due to technical problems with the DMV case and their lack of evidence, even "under 21" cases.

  9. How will you keep me informed of the progress?

    I have a full staff that assists me with telephonic e-mail and written correspondence. I also expect my clients to meet in my office for regular appointments as we prepare their case for court, even on the weekends.

  10. What kind of approach will you take to resolve the matter?

    I will always discuss ALL your options and defenses and will then let you decide how far you want to go. I am an expert negotiator and will aggressively fight you case through trial if necessary.

  11. Will you guarantee the results of my case?

    No, because it's unethical to do so; but I will work very hard to assure a successful result in you case; and will put my terms into a written contract and give you a copy of it upon request.

  12. What are your rates and how often will you bill me?

    "A lawyer’s time and advice are his stock in trade."
    —Abraham Lincoln

    Attorneys set fees in various ways. One method is to charge by the hour. This rate is based upon his or her office overhead and other costs of doing business, plus an amount which will reasonably compensate for the attorney’s time, as well as his experience, the difficulty of the case etc. per the ethical rules. Fees on an hourly basis generally range from about $80.00 per hour to over $200.00 per hour. Some attorneys will also charge a flat fee, one price for the entire handling of a case. Others stagger or stair step the fee depending on the extent of work needed. The amount of the fee does not insure a first class job. In the final analysis, quality of service should be your prime concern.

    Attorney fees are negotiable and Mr. Duquette's fees are spelled out in his written contract with the client. If the fee is $1,000.00 or more, it must be in writing by law. Mr. Duquette's fees are competitive and reasonable. Oftentimes a payment plan is used.

    I usually charge a flat rate for my services through each phase of your case. My fees are always in writing.


 

This web site is designed for general information only.  The information presented at this site should not be construed to be formal legal advice 
nor the formation of a lawyer/client relationship.  Persons accessing this site are encouraged to
seek independent counsel for advice regarding their individual legal issues.

Richard L. Duquette, Esq  •  Copyright ©  2006 -   All Rights Reserved • 
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