Quote from: Ann Onymous on August 21, 2011, 08:50:29 AM
You overestimate what MOST defense attorneys charge. Almost everyone I know charges flat fee, although there will be an expense retainer against which costs or travel is billed against (and mileage is at roughly 55 cents a mile under current IRS guidelines).
For the rare instance that we do trial work, we have a flat fee that covers a disposition resulting prior to trial plus an additional sum if the case goes to trial. Time spent by paralegals is not billed separately.
The daily and staff clock really comes into play on civil work though...
That being said...I do not disagree with the premise that if one can manage retained counsel, then they have funds to deal with their own medical.
Do bad things happen on the other side of the fence? Sure. Are they daily occurren.ces? No. Is every incident a worst-case scenario? Not just no, but hell no. And in that regard, I would concur that a lot of people exagerrate what goes on inside the walls..
Whatever the retainer was years ago when they originally went to trial I'm sure has already been spent. A flat fee would be for a shut and closed case, got a DUI? Ah, call so-and-so, they handle them all the time, and only charge a flat fee. Now, if you were going to take that to court, they'd want a trial retainer and after that was exhausted, they'd want their daily court appearance fee to be paid. I don't know what law firm you work for but it sounds like there's not that many experienced individuals working there. Here at the county court level an experienced criminal attorney will cost you, I do think it's a bit high, but you get what you pay for (which is damn good representation.) The higher the court, the more money the attorney wants to appear. An attorney isn't going to charge the same amount to appear in federal court that they do for county court and a DMV hearing. If they did, I wouldn't hire them, all they're going to be able to guarantee you is a large bill and jail time.
This inmate can afford to pay their own SRS and if they can't, they should be using a court appointed attorney. Being that he's/she's a ward of the government, I don't understand why he/she doesn't raise the suggestion himself/herself that he/she be allowed to transition on his/her own dime and transferred into protective custody. I can only assume they he/she doesn't want to spend his/her own money because he wants to keep his/her/she's nest-egg intact for when he's released from prison. Last I recall when you try to take something for your own personal gain by means of intentional deception it was fraud, why should this be any different? If this inmate isn't happy with the situation they're currently in, maybe they shouldn't have killed their spouse?
When a child steals candy from a store, we don't reward that child with more candy. We talk to them, explain that's not right thing to do. Kosilek is a child who has never been properly disciplined. It seems to me that Kosilek feels that he's/she's entitled to this. Well, they're not. Inmates aren't fed enough, jails are crowded, plenty of individuals with serious medical conditions don't receive adequate care. Kosilek should be treated as everyone else, put him/her in general population. I'm sure the other inmates will welcome Kosilek warmly, or not.
Do bad things happen on the other side of the fence? Yes. Daily? Yes, in varying degrees. Is every incident a worst-case scenario? No, but you have to plan for that possibility. If we believed everything inmates said, there wouldn't be any inmates. "Everyone in jail/prison is
innocent." It's like running a dangerous daycare, where you can't let most of the kids interact with each other. I just don't let Billy and the other little brats get the upper hand. 10pm is bed-time, they can whine all they want, but I'm turning the lights off.