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FAQ: Frequently Asked Questions

Can AI help with my criminal case?

Here’s the practical reality: clients turn to AI because it’s fast, private-feeling and cheap. It also sounds authoritative and correct but can be very difficult for a non-lawyer to identify when its wrong or off-base.

1. Our expectations of clients:
   • Don’t rely on AI for legal advice in your case.
   • Always check with us before acting on anything you read.
   • Understand that inaccurate or broad questions will result in inaccurate and unhelpful advice.
2. Safe uses of AI: Specific education about general ideas, for example:
   • “What is an indictment in Virginia?”
   • “What Virginia statute sets the punishment for robbery?”
   • “What are the elements of an ineffective assistance of counsel claim?”
3. Not safe: anything about your facts, strategy, broad questions or next steps in a specific case.
   
   

Can you tell me whether my case will be taken before I pay for the consultation?

No. Whether the attorneys at Virginia Post Conviction accept the client’s case for further review will be based on a give and take between the attorneys and the client, both the attorneys and the client must agree to move forward after the initial consultation. Whether the attorneys agree to review the case further after a consultation depends on several factors, including the client’s chances for some form of relief, the amount of time available to file in the case, the potential amount of work and cost involved, and whether the client’s expectations of the results of the case are in line with the attorneys’ expectations.

Why won’t the attorneys at Virginia Post Conviction meet with the families of clients if we paid for the consultation?

The attorneys at Virginia Post Conviction receive over 400 requests for consultations each year. They then represents over 50 clients per year in litigation. To be clear, we do not have time for the attorneys to repeat himself to family – this is for the client to do. Once they consults with the client we expect the client to share with his family what the client chooses to share. In addition to the time commitment, because of the legal issue of attorney-client privilege as well as a lawyer’s ethical duty of confidentiality it is very difficult for a lawyer to share information with the family of a client. In rare instances where the client consents AND the client has difficulty in sharing his attorneys’ conclusions with his family, we can arrange a very short summary conversation.

Why won’t the attorneys at Virginia Post Conviciton read documents we send to him for the consultation? 

Because of the number of clients seeking advice, the cost of the attorneys’ time, and our experience in reviewing what our client’s and their families send to us prior to a consultation we rarely read documents. Often they end up being not relevant and it would have been very hard for the family or client prior to the consultation to understand why. We do research and read what is necessary prior to the consultation including specific information regarding the client’s personal information, prison, release date, date of arrest, date of charge, date of conviction, county of conviction, the charges and length of sentence. Often at the time of the consultation, the attorneys will know more than the client about various procedural aspects of the case.

What are the next steps after a consultation and how much will it cost? 

There are generally three paid steps to each case: small, medium and large.  The first step is small: a $350 paid consultation – a 30 minute discussion with the client.  We never skip this step, we must start with a consultation.  The second step, if warranted and agreed to by the firm and the client, is a medium step defined in a written fee agreement, a detailed review of the case which almost always consists of reading of the record and transcripts.  This step will cost in proportion to the length of the prior proceedings: if the plea or trial was short, it might cost $3k-$5k.  If the trial was long, it will cost approximately $3,000 per day of trial.  Only after a review of the record, including reading the trial transcripts, will the attorneys at Virginia Post Conviction consider taking on a client for litigation the third, large, step. The cost of the third step, litigation, is in proportion to the length and complexity of the client’s case and legal issues.  This step could cost anywhere from $15,000-$50,000 but could be more or less in exceptional cases (length or complexity). The cost and details of the litigation will be spelled out in detail in a written fee agreement. Communication and expectations will always be clear.

Will the attorneys at Virginia Post Conviction tell us the truth, or will they give us false hope so that we pay them a large fee, like others have done? 

Virginia Post Conviction has a particularly strong reputation among inmates for being honest about chances for relief. There is nothing they would like more than to be well paid and litigate successfully for their client and your loved one. But in the vast majority of cases where the client’s appeals and other deadlines have passed, it is likely that the client has no realistic remedy available. Where there is an available remedy we will fight together as hard as we can to shorten our client’s sentence or win his release. When there is no likelihood of a remedy we will also be disappointed but instead of offering false hope in exchange for a fee, we will state clearly, and explain in detail, with compassion, that the client is wasting their money by paying a lawyer.

But a jailhouse lawyer has told us that we have a great case!? 

Jailhouse lawyers are wonderful resources and more than once a jailhouse lawyer has raised an issue in a case that was helpful to Virginia Post Conviction. But jailhouse lawyers in our experience commonly, not always, make several mistakes.  First, they focus far too much on the law and legal remedies rather than the facts of a particular case. Second, they misapply the law to a situation or set of facts for which that law is not relevant. Third, they do not understand the limitations of certain legal principles or have motivations within the prison environment (money, prestige or other) which leads them to offering more hope than a case deserves.

Will Virginia Post Conviction consider taking our case pro bono (for free)? 

No. The attorneys at Virginia Post Conviction have for several years received recognition for their commitment to pro bono work on behalf of indigent defendants.  It is very unlikely he would be able to add your case to his long list of free cases.

What if Virginia Post Conviction tells us there is nothing to be done in the case, do we get a refund of the consultation fee? 

No. The consultation fee is for the attorneys preparation and time spent during the consultation. If a client is disappointed because Virgnia Post Conviction tells them the case has a low chance of relief, still many people find that information highly valuable: both to understand from the attorneys why their case is difficult to challenge, and to do away with the uncertainty of whether they should hire a lawyer.

What if Virginia Post Conviction does take our case, does the consultation fee go toward the fee for retaining their attorneys? 

Yes. After a consultation, in setting the next fee to review your case, the review fee is set according to the amount of work to be done.  That review fee will take into consideration that a small amount of work has already been paid for and finished.