Had to use my firearm in self defense, how long should I wait for charges....

[CTS]

So I absolutely will not go into details here, but back in early July I had to draw my firearm in self defense. Thankfully the sight of the gun immediately unmotivated the other individual and I wasn't forced to fire. I was able cautiously retreat and call 911 who summoned some really awesome local officers who tracked him down and gave him a ride to their facilities...where based on some related and unrelated offenses (and a lack of ability to make bail) he still sits as far as I know. I went home and tried rather unsuccessfully to go to sleep. Now as far as I'm aware I acted 100% within the law but I contacted a local attorney I was familiar with and gave him a retainer in the event any charges were filed or the police wanted to question me further (by the way, after preaching "don't talk to the police if x happens" for years...I sang like a canary...).

So here we are in mid-December and beyond the few hours immediately following the event, I haven't been contacted by anyone. I even applied for, and received, my Utah Handgun permit in September and have passed NICS checks. So I contacted the attorney to ask about refunding the retainer and they're telling me it's way too early and charges still may be pending. The couple of discussions I've had make it seem like they're just hoping I forget about it...I'm sure if I demanded "look, give me my money" they would, but they're pretty insistent that it hasn't been enough time. Does anyone have any experience with something like this...do you think they're correct and this is still looming out there waiting to pounce or is it somewhat safe to assume I'm in the clear?

 

[mbills2223]

I wasn't aware that retainers were something that got refunded

 

[BiscuitNaBasket]

The legal system is not fast. That much is certain. IMO, unless you contacted a guy who lives out of his car to represent you, I would just sit tight and wait.

 

[CTS]

I wasn't aware that retainers were something that got refunded

Why wouldn't they be? They're essentially a deposit on future services, if the deposit exceeds the bill you should receive the excess. I also have that in writing. Again I'm sure if I were insistent it would be refunded immediately, I'm just curious if I've really waited long enough at this point.

 

[CTS]

The legal system is not fast. That much is certain. IMO, unless you contacted a guy who lives out of his car to represent you, I would just sit tight and wait.

Nah, well known reputable attorney. I've never spoken to him about this, though we've met before, I've just been talking with his investigator.

I'm aware the system isn't the speediest thing out there, but if there were any reason to think I was some yahoo whipping out his gun for no good reason, I would hope I would have been arrested by now.

 

[MCgrease08]

I wasn't aware that retainers were something that got refunded

That's kind of my thinking as well. The retainer basically ensures the lawyer will be available to take your case, whether it's this one or another down the road.

Consider yourself fortunate charges haven't come. If they were going to charge you I'd imagine it would have happened by now. Think of the retainer as an investment that you can put towards another matter down the road should you need it.

Oh, I am NOT a lawyer, and all that other stuff people say.

 

[mbills2223]

Why wouldn't they be? They're essentially a deposit on future services, if the deposit exceeds the bill you should receive the excess. I also have that in writing. Again I'm sure if I were insistent it would be refunded immediately, I'm just curious if I've really waited long enough at this point.

I just didn't think that was the case...learn something new every day I suppose!

 

[BiscuitNaBasket]

Nah, well known reputable attorney. I've never spoken to him about this, though we've met before, I've just been talking with his investigator.

I'm aware the system isn't the speediest thing out there, but if there were any reason to think I was some yahoo whipping out his gun for no good reason, I would hope I would have been arrested by now.

I've been accused of being that yahoo by a couple of members on this forum before. If charges were going to be filed against you, I'm sure you would have heard something by now. IANAL.

 

[HoughMade]

I wasn't aware that retainers were something that got refunded

As mentioned above, a retainer is essentially a deposit. When I take a retainer, I work against that and account to the plaintiff for the time spent on the case. If I take a $5,000 retainer and work at $200 an hour, if it only takes 5 hours, I take $1,000 from the retainer and return the rest to the client. In fact, I can't even use any money until I've earned it through work. The money sits in a "trust" account (interest paid to a state fund) until it is "earned".

 

[Kirk Freeman]

I wasn't aware that retainers were something that got refunded

Yes, for work not done (money given-billable time=refund). The Indiana Supreme Court is very vigorous in ensuring compliance.

Statute of limitations for a felony, excluding Murder, in Indiana is five (5) years.

Each case is different.

The cases that push the SoL are usually drug cases because of the need to save/conserve case filings for DoJ grants.

 

[mbills2223]

As mentioned above, a retainer is essentially a deposit. When I take a retainer, I work against that and account to the plaintiff for the time spent on the case. If I take a $5,000 retainer and work at $200 an hour, if it only takes 5 hours, I take $1,000 from the retainer and return the rest to the client. In fact, I can't even use any money until I've earned it through work. The money sits in a "trust" account (interest paid to a state fund) until it is "earned".

Thanks... I guess I thought a retainer fee was more along the lines of what MCgrease said...whoops.


IANAL

 

[mbills2223]

As mentioned above, a retainer is essentially a deposit. When I take a retainer, I work against that and account to the plaintiff for the time spent on the case. If I take a $5,000 retainer and work at $200 an hour, if it only takes 5 hours, I take $1,000 from the retainer and return the rest to the client. In fact, I can't even use any money until I've earned it through work. The money sits in a "trust" account (interest paid to a state fund) until it is "earned".

Yes, for work not done (money given-billable time=refund). The Indiana Supreme Court is very vigorous in ensuring compliance.

Statute of limitations for a felony, excluding Murder, in Indiana is five (5) years.

Each case is different.

The cases that push the SoL are usually drug cases because of the need to save/conserve case filings for DoJ grants.

Man...you guys swarm when you see/hear the word retainer, huh?

 

[Kirk Freeman]

Man...you guys swarm when you see/hear the word retainer, huh?

Don't look at me. I am mostly flat fee.

 

[CTS]

Again, just to be really clear here, I certainly don't really think they're just trying to hold out and keep my money...though the person I spoke with could use some bedside manner training...they're a reputable firm, I wouldn't have contacted them otherwise. I just really didn't expect things to draw out this long, I also assumed there would be some follow up contact from the officers but so far nothing.

 

[88GT]

Nah, well known reputable attorney. I've never spoken to him about this, though we've met before, I've just been talking with his investigator.

I'm aware the system isn't the speediest thing out there, but if there were any reason to think I was some yahoo whipping out his gun for no good reason, I would hope I would have been arrested by now.

It would seem that IMPD and other relevant entities can determine the need for charges in less time, even when the situation is less clear than yours seems to be based on your description. Shooter indicted after claiming self-defense | WISH-TV

There was also the self-defense-turned murder of a neighbor. The shooting party was charged in a matter of weeks, IIRC.

Clarification: he was indicted. But for the sake of argument, let's call it the same thing for the sake of making the point.

 

[SkullDaddy.45]

My wife's company has lawyers that are at out disposal , I'm not sure how they are paid. All I know is in the last 5 years they haven't cost us anything.

 

[Alamo]

... The money sits in a "trust" account (interest paid to a state fund) ....

That's interesting. Why does a state fund get the interest and not the client? What does that fund do? Fund the Indiana State Bar Christmas party? (Sorry, couldn't resist, this was just begging for snark. But I am interested in where/why the interest goes to the state.)

 

[drillsgt]

So I absolutely will not go into details here, but back in early July I had to draw my firearm in self defense. Thankfully the sight of the gun immediately unmotivated the other individual and I wasn't forced to fire. I was able cautiously retreat and call 911 who summoned some really awesome local officers who tracked him down and gave him a ride to their facilities...where based on some related and unrelated offenses (and a lack of ability to make bail) he still sits as far as I know. I went home and tried rather unsuccessfully to go to sleep. Now as far as I'm aware I acted 100% within the law but I contacted a local attorney I was familiar with and gave him a retainer in the event any charges were filed or the police wanted to question me further (by the way, after preaching "don't talk to the police if x happens" for years...I sang like a canary...).

So here we are in mid-December and beyond the few hours immediately following the event, I haven't been contacted by anyone. I even applied for, and received, my Utah Handgun permit in September and have passed NICS checks. So I contacted the attorney to ask about refunding the retainer and they're telling me it's way too early and charges still may be pending. The couple of discussions I've had make it seem like they're just hoping I forget about it...I'm sure if I demanded "look, give me my money" they would, but they're pretty insistent that it hasn't been enough time. Does anyone have any experience with something like this...do you think they're correct and this is still looming out there waiting to pounce or is it somewhat safe to assume I'm in the clear?

Too late some prosecutor somewhere with too much time on their hands has already been scouring INGO and found this.

 

[88GT]

As mentioned above, a retainer is essentially a deposit. When I take a retainer, I work against that and account to the plaintiff for the time spent on the case. If I take a $5,000 retainer and work at $200 an hour, if it only takes 5 hours, I take $1,000 from the retainer and return the rest to the client. In fact, I can't even use any money until I've earned it through work. The money sits in a "trust" account (interest paid to a state fund) until it is "earned".

Does it have to be an interest-bearing account?

As a broker I am required to keep a similar account for earnest monies and other possibilities. It must be separate from the account in which I deposit fee-for-service compensation (the commission) or other income (referral fees and the like), but it does not have to be interest-bearing. If it is, I have to keep an accounting of each deposit and the apportioned amount of interest said deposit earns such that it is credited to the individual who paid that amount. Or I can have a non interest-bearing account and make life simple for everybody.

And I'm also curious what the fund the interest goes to and its purpose.

 

[KittySlayer]

Does it have to be an interest-bearing account?



And I'm also curious what the fund the interest goes to and its purpose.

Pro Bono (free) legal services for the poor. Interest rates have been so low lately that the fund struggles to cover expenses.

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