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When necessary, it may also include an initial investigation. The purpose of this process is to determine what the issues in your case are, and develop them. Once that is done, the next step is to complete whatever additional work is necessary, and prepare the writ application.
For the first step of the process we charge a non-refundable investigative fee; that fee can range from $2,500 to $5,000, depending on the amount of work I anticipate. If I start work on your case and determine it is not worth pursuing, for whatever reason, this payment will not be refunded. This payment is to cover the cost and expense of working on your case, and in some cases obtaining an investigator to obtain additional information.
I realize this is a significant amount of money, and there is no guarantee we will take your case. There are several reasons we do this. The main reason is to avoid taking case when it is obvious there is no chance of obtaining relief. In most cases, that decision cannot be made without a thorough evaluation. That takes time, and this fee is to compensate us for the spent on the case. I also think it is invaluable to have a professional opinion on your case, even if it is not what you want to hear.
Before any further work is done, I will discuss with you the relevant issues in your case, and the relative strength of any claims you might have. I will also let you know what evidence we have found, and whether there is any additional investigation to conduct. You can then decide whether you want pursue the matter further, and actually retain us to file an application for writ of habeas corpus on your behalf. If you decide to retain us to pursue the matter there will be an additional fee of at least $7,500.00. The actual amount depends on how complex or complicated case the case is, and how much work will be required, and can go significantly higher.
Before you make any decision, you should be aware that the chances of obtaining relief in a writ case are small. In the majority of cases, there is simply nothing that anyone can do. Obviously, the chances in some cases are better than others. If there is no chance of obtaining relief, I will let you know when the initial investigation is concluded. Of course I cannot guarantee success, but at least you will be able to make the decision as to whether you and your family wish to pursue the matter further.
If you wish for me to review this matter, please complete the questionnaire below and press submit. Do not send any of your case materials at this time. At this point we will not be responsible for returning anything you send. If I need something further to make my decision I will let you know.
You should be aware that accept only a few cases each year. There are several reasons for that, but the bottom line is that I carefully screen each case to determine if it is one I might want to take, and the individual is someone I want to represent. Those cases I do accept generally involve strong claims of actual innocence, or exceptional cases where serious constitutional violations have undermined the trial process. While many people believe their cases fit this definition, only a few actually do. If you do not think you have this type of claim there is no need to complete the evaluation.
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