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Criminal Law/Shopliffing Case

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Question
My mother's attorney has had her shoplifting charge dismissed on Feb. 12, 2014. This was her 1st offense. I was there with my mother and verified with her attorney that if he got her shoplifting charge dismissed would he also have it expunged from her record? And he said yes. So we hired him. My mother paid him upfront & we agreed to his fee. Now, since my mother's case has been dismissed we wanted proof from our attorney that the charge has been expunged from her record. He sent us an email today saying that he would gladly expunge the charge from her record for an extra $1,000.00. At the beginning, before we hired him: He said, If you hire me today, the fee that you pay me~will take care of everything including expungement if he can get it dismissed in court. If he would have told us that there was an extra $1,000.00 fee to expunge her record at our consultation~ I would have walked out of his office that day and found another attorney for my mother.

Is there anything I can do to have this expunged from my mother's record without having to pay an extra $1,000.00 fee to this attorney?

Answer
Denise:

My first question in a matter like this would be - did you have a signed 'Fee Agreement' with the attorney? If you have such an Agreement, the understanding you had with the attorney should be clearly stated therein. If there was no signed Agreement, that leaves a lot of wiggle room for the attorney, but for you as well.

To directly, answer your question, we would suggest you go on line and find the Mississippi State Bar Ethics Committee number. This is a group that monitors and polices the attorneys licensed to practice law in the state of Mississippi. You would then have two choices, file a formal complaint against this attorney with the ethics committee in which case they would most probably sanction him and/or require him to handle your case as promised. Moreover, if he failed to do a written Fee Agreement, the ethics committee would most probably side with you.

As an alternative, you could simply call the attorney and tell him to handle the expungement or you will report him to the state ethics committee. That, in and of itself, usually gets their attention and makes them do the right thing.

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Kevin M. Tamez

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Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.

Experience

More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

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Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website www.FederalPrisonCampTour.com.

Education/Credentials
Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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