When you were first cited, the police gave you a court date, contained on the citation or “promise to appear” paperwork you were issued upon release. Upon hiring the attorney, we scheduled that court date and appeared on the date scheduled for arraignment.
The following points explain why those initial fees are considered fully earned by the attorney:
• Payment for Availability and Scheduling: The attorney charges a flat fee because they are setting aside specific time in their professional calendar for your case.
• Performance of the Task: The fee covers the attorney's actual appearance in the courthouse on your behalf for the arraignment date listed on your citation or notice to appear.
• Preparation Work: Even if the case is not filed that day, the attorney has already engaged in substantial defense work, including reviewing the facts of the case, the charges on the citation and preparing for and traveling to the Courthouse for the appearance.
Why a “Later Re-filed” Case Requires a New Fee
Law enforcement can “re-submit” the case for filing reconsideration after it was initially declined during the first scheduled arraignment appearance. If the District Attorney or Prosecutor decides to “re-file” the case at some later date, after the date you were originally cited to appear, they are initiating a new legal action.
Because the original agreement concluded when the first set of charges was "not filed" at the initial arraignment, this new filing is considered a separate matter requiring a new engagement of services.
The Bottom Line
Essentially, the fee for the first court date was for the attorney to be there, in court , “ready” to defend you. The fact that the DA was not ready does not negate the fact that your attorney fulfilled their obligation to appear and represent your interests at that time.
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