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FAQ 1. Question: How do you set your fees? Answer: Fees in criminal cases are misunderstood by many members of the public. The primary concern in a criminal case is a good outcome. With this in mind, most criminal cases in my office are done on a flat fee basis. This flat fee is also called a "retainer." I use a contract every time I am retained by a client and this spells out in plain English exactly what is covered by the fee. If the matter is set for trial there is an additional fee calculated on a daily basis. It should be understood that it is the client, not the attorney, who ultimately decides if the case is going to trial. In determining a fee I look at a number of things, including the seriousness of the charges, the complexity of the case, prior criminal history and then estimate how much time it will take to zealously defend the client. Each case is unique and it is impossible to create a "menu" of retainer fees with a particular charge having a preset fee. Some cases require extensive investigative work, while others require experts in the field of mental health, crime scene reconstruction or forensic science. If these services are required, I contact experts in those fields, determine what they require as a retainer and present the client with a list of proposed expenses for the case. I cannot and will not proceed with the expert until the client approves the additional expenses. Often, family members or friends want to pay the retainer for their children, or other relatives or friends. There is nothing wrong with that, but the person I represent is the person in trouble, not the person who pays the bills. That should be understood in advance because sometimes children and parents have different views of what should happen to the case. Also, employers who engage me to represent their employees should know I represent the employee, not the company, even though my fee is paid by the company. Answer: Generally speaking, there are three different types of bonds. The first type is a personal bond which requires the client only to sign a form and does not require any money. There is also a cash bond where the client puts up the amount of cash required and this is returned, minus some court fees, etc..., if the client shows up at all the hearings. Some courts will also accept real property (homes, real estate) in lieu of cash. Third is a surety bond where the client pays a bondman ten percent of the total amount of the fee. The bondsman keeps this money and does not return it to the client at the end of the case. 3. Question: My child has been arrested on a juvenile charge - can I get a bond? Answer: In Cuyahoga County there is no bond for children. Generally speaking, children are either kept in the Detention Home, sent to Shelter Care which is less restrictive than the Detention Home, or sent home. If they are sent home it is possible they will be on Home Detention with or without electronic monitoring. In my experience, an attorney's involvement early in a case can be instrumental in getting a child returned home. Answer: First and foremost, I provide zealous and aggressive representation for my clients. Second, I make myself available 24 hours a day, every day. If there is an emergency or an arrest no matter what the time, I will react and react quickly. I return phone calls promptly and keep clients updated on the status of their cases. |
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©2008 Daniel M. Margolis The laws governing legal advertising in the state of Ohio require the following statement in any publication of this kind:"THIS IS AN ADVERTISEMENT." 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. |