Albert Garcia, Attorney at Law

Initial Business Response / [redacted] (1000, 11, 2015/06/30) */ On April 9, I met with [redacted] and his significant other to discuss retaining me to represent him in a criminal matter_ The criminal matter was at the time being investigated by Visalia Police Department and involved serious allegations of child molestationI explained to Mr [redacted] that no charges had been filed but if charges were filed my retainer up to a Preliminary Hearing would be between $If the case went to a jury trial, there would be an additional retainer of $10,000-$15,(depending on the seriousness and complications of the case) Although no charges had been filed, Mr [redacted] requested my services as he was being investigated and law enforcement was contacting himI have years experience in serious criminal cases and I have seen several cases where my early involvement in the case (working with law enforcement and the district attorney) has had a direct impact on their decision to not file a case Based on Mr [redacted] request and my experience, I agreed to charge him $non-refundable retainer to discuss and review the case with the client, contact the district attorney office on his behalf and to deal with any law enforcement contacts on his behalf, and be on call for any calls from client regarding his pending caseIf charges were fled, we both agreed to apply the $toward my retainer for all the criminal proceedings up to the Preliminary Hearing On April 9, 2015, Mr [redacted] came to the office and paid $On April 15, 2015, Mr [redacted] brought the balance of $(see attached copy of receipts)From April 9, Mr [redacted] was authorized to tell any law enforcement agencies that I was his attorney, which he didand subsequently t spoke with Violent Crimes Detective [redacted] about setting up an interview with Mr [redacted] and L She was going to get back to meIn addition I contacted the District Attorney office and spoke with a supervising deputy, [redacted] ***, who informed me that no charges had been filed but would contact me if charges were filedAlso my staff called the Tulare County Superior court weekly beginning on April 9,to inquire if any charges had been filed During that time I also spoke with Mr [redacted] by phone and in person to discuss potential motives and witnesses, some of whom I contactedOn April 10, 2015, I also received and review several text messages from Sofia Gallegos (MrSuls daughter) related to his case and defenseAll those texts are still in my possesionOn April 11, I also received several text messages from [redacted] (relation to client unknown)Again, I reviewed the text messages and discussed them with client regarding their impact on his defense Between April 9, and April 23" 2015, I kept in contact with client On April 23, 2015, I was informed by the District Attorney office that charges were going to be filedimmediately informed Mr [redacted] and set up an appointment to meet at my office to discuss his optionsAt our meeting, informed him that a felony complaint had been filed against him and an arrest warrant would follow which meant that the police would be serving him with the arrest warrant and he would be arrested and be brought to court to be arraignedThe other option was to have me put him on calendar and bring him before a judge to be arraignedThis would avoid a potentially dangerous arrest (given the nature of the charges) and would allow me to argue for a lower bailI also warned Mr [redacted] that the authorities would be looking for him from this point on to secure an arrestMr [redacted] said he wanted to hire me and would get back to me within the next 24hrsI never heard or saw Mr [redacted] againThe only correspondence I received was a letter from Mr***'s sister claiming I had done nothing on her brother's case and demanding his money back Initial Consumer Rebuttal / [redacted] (3000, 13, 2015/07/05) */ (The consumer indicated he/she DID NOT accept the response from the business.) As I read Mr [redacted] 's response I realized that he begins with the truth, but then quickly starts bending and twisting that truth to fit his own needs As for not knowing who I am let me clear that up for your recordsMy name is [redacted] and my Brother is [redacted] ***My brother and I introduced ourselves to Mr [redacted] on our initial free consultationMy brother even pointed at me and told Mr [redacted] "If I do get arrested my Sister will be handling all my affairs from out here you can give or ask her anythingDuring that meeting when Mr [redacted] agreed to accompany [redacted] to an interview with this Detective he was very clear when he said that this fee of $would not include any court appearancesMr [redacted] when he said that we agreed that we wanted our fee to be applied to his retainer for all criminal proceedings UP to the preliminary Hearing" That would include some court representation, Right? He even told his secretary to write that on our receiptIt states "Does not include court representation"I want to be clear we never agreed to that and your own receipt proves itDuring our initial free consultation Mr [redacted] never said the words Non-refundable nor did we discuss applying our fee towards anything elseThe fee was strictly for him to do a little investigation and then to schedule, accompany and advise [redacted] at this interview with the detectiveThat was the only reason we were there, to get legal counsel for this interview I was the one who when in with the last payment of $on April 15thIt was at that time that I found out that we had no written agreementI asked for a copy of our agreement and one of his staff informed me that what we had was a "verbal agreement" and that no documents accompany a verbal agreement Yes he did speak with the detective and so did weWhen asked why she never scheduled an interview like Mr [redacted] asked her to doShe said "He called to tell her that he was now representing Mr [redacted] and that he would need time to do his own investigating before he could schedule an interviewMr [redacted] is not being truthful if he told you that he called to schedule an interview, he only tried avoiding oneTell him he may contact my office at any time to discuss the matter further." In his response Mr [redacted] contradicts himself yet againHe said he spoke to D.A [redacted] who he says told him if any charges were to be filed he would call him to inform himIf this was true then why did he need his staff to call weekly to check for warrants? Mr [redacted] also states that as per his memory of our verbal agreement that he "would be on call for any calls from client regarding his pending case" he also states that he kept in contact with us from the 9th thru the 23rdThen why couldn't we even talk to you when we tried calling you on Monthe 13th we were told you would return our callYou did not return our callOn Tuesday the 14th I called again said we wanted to see you, and then we were given a tentative apptfor some time that afternoonWe were told to wait for a confirmation call after they spoke to youAgain no return call and no appointmentOn Wednesday the15th we were given an appointment for Friday afternoon at 12:On Friday min before our appointment your office cancelled then said Mr [redacted] would see us on Sunday I informed them that we attend church on Sunday mornings, she assured me that he'd call us in the afternoon to tell us when to meet himOn Sunday the 19th [redacted] and I waited and waited for his call finally at 5pm when you did not call we went our separate ways [redacted] received his very first phone call from [redacted] at 7pm that night [redacted] did not even apologize he blamed it on his secretary and asked if we could instead come in the following day which was the 20thOur phone records show that Mr [redacted] called [redacted] one time and that was on the 19th that call lasted about one minuteBut other than that minute, that was of the days that he was employed by us when he supposedly was available and on call The biggest lie he tells is something we can prove beyond a shadow of a doubtThe witnesses, the list of names we gave Mr [redacted] , everyone on that list says Mr [redacted] never contacted themIn his response he states "Witnesses, some of whom I contacted" what We want to know is WHO exactly did you contact? Nobody that's who, you are being untruthful again (to put it kindly)we can get letters from every person on that list and they will all say you never contacted themSo tell us Mr [redacted] Who did you Contact? Again we say that our verbal agreement was that WE pay you $and we didFor that $you were to do a little investigating into ***'s case then you were going to schedule and attend an interview with ***Did you do any investigating into ***'s case? NODid you schedule an interview for ***? NODid WE send you a few Texts? YesDid you do anything other that look at these texts, investigate? NOwe do not except Mr [redacted] 's response So we still say that you did not do as we agreed, and We still believe that you did not render service's agreed upon and We still believe you should refund the full amount of $ Thank you for your time [redacted] and [redacted] ***

Initial Business Response /* (1000, 11, 2015/06/30) */
On April 9, 2015 I met with [redacted] and his significant other to discuss retaining me to represent him in a criminal matter_ The criminal matter was at the time being investigated by Visalia Police Department and involved serious allegations...

of child molestation. I explained to Mr. [redacted] that no charges had been filed but if charges were filed my retainer up to a Preliminary Hearing would be between $5000. If the case went to a jury trial, there would be an additional retainer of $10,000-$15,000 (depending on the seriousness and complications of the case).
Although no charges had been filed, Mr. [redacted] requested my services as he was being investigated and law enforcement was contacting him. I have 20 years experience in serious criminal cases and I have seen several cases where my early involvement in the case (working with law enforcement and the district attorney) has had a direct impact on their decision to not file a case.
Based on Mr. [redacted] request and my experience, I agreed to charge him $1500 non-refundable retainer to discuss and review the case with the client, contact the district attorney office on his behalf and to deal with any law enforcement contacts on his behalf, and be on call for any calls from client regarding his pending case. If charges were fled, we both agreed to apply the $1500 toward my retainer for all the criminal proceedings up to the Preliminary Hearing.
On April 9, 2015, Mr. [redacted] came to the office and paid $1000. On April 15, 2015, Mr. [redacted] brought the balance of $500. (see attached copy of receipts). From April 9, 2015 Mr. [redacted] was authorized to tell any law enforcement agencies that I was his attorney, which he did. and subsequently t spoke with Violent Crimes Detective [redacted] about setting up an interview with Mr. [redacted] and L She was going to get back to me. In addition I contacted the District Attorney office and spoke with a supervising deputy, [redacted], who informed me that no charges had been filed but would contact me if charges were filed. Also my staff called the Tulare County Superior court weekly beginning on April 9,2015 to inquire if any charges had been filed.
During that time I also spoke with Mr. [redacted] by phone and in person to discuss potential motives and witnesses, some of whom I contacted. On April 10, 2015, I also received and review several text messages from Sofia Gallegos (Mr. Suls daughter) related to his case and defense. All those texts are still in my possesion. On April 11, 2015 I also received several text messages from [redacted] (relation to client unknown). Again, I reviewed the text messages and discussed them with client regarding their impact on his defense.
Between April 9, 2015 and April 23" 2015, I kept in contact with client On April 23, 2015, I was informed by the District Attorney office that charges were going to be filed. 1 immediately informed Mr. [redacted] and set up an appointment to meet at my office to discuss his options. At our meeting, 1 informed him that a felony complaint had been filed against him and an arrest warrant would follow which meant that the police would be serving him with the arrest warrant and he would be arrested and be brought to court to be arraigned. The other option was to have me put him on calendar and bring him before a judge to be arraigned. This would avoid a potentially dangerous arrest (given the nature of the charges) and would allow me to argue for a lower bail. I also warned Mr. [redacted] that the authorities would be looking for him from this point on to secure an arrest. Mr. [redacted] said he wanted to hire me and would get back to me within the next 24hrs. I never heard or saw Mr. [redacted] again. The only correspondence I received was a letter from Mr. [redacted]'s sister claiming I had done nothing on her brother's case and demanding his money back.
Initial Consumer Rebuttal /* (3000, 13, 2015/07/05) */
(The consumer indicated he/she DID NOT accept the response from the business.)
As I read Mr. [redacted]'s response I realized that he begins with the truth, but then quickly starts bending and twisting that truth to fit his own needs.
As for not knowing who I am let me clear that up for your records. My name is [redacted] and my Brother is [redacted]. My brother and I introduced ourselves to Mr. [redacted] on our initial free consultation. My brother even pointed at me and told Mr. [redacted] "If I do get arrested my Sister will be handling all my affairs from out here you can give or ask her anything. During that meeting when Mr. [redacted] agreed to accompany [redacted] to an interview with this Detective he was very clear when he said that this fee of $1500 would not include any court appearances. Mr. [redacted] when he said that we agreed that we wanted our fee to be applied to his retainer for all criminal proceedings UP to the preliminary Hearing" That would include some court representation, Right? He even told his secretary to write that on our receipt. It states "Does not include court representation". I want to be clear we never agreed to that and your own receipt proves it. During our initial free consultation Mr. [redacted] never said the words Non-refundable nor did we discuss applying our fee towards anything else. The fee was strictly for him to do a little investigation and then to schedule, accompany and advise [redacted] at this interview with the detective. That was the only reason we were there, to get legal counsel for this interview.
I was the one who when in with the last payment of $500 on April 15th. It was at that time that I found out that we had no written agreement. I asked for a copy of our agreement and one of his staff informed me that what we had was a "verbal agreement" and that no documents accompany a verbal agreement.
Yes he did speak with the detective and so did we. When asked why she never scheduled an interview like Mr. [redacted] asked her to do. She said "He called to tell her that he was now representing Mr. [redacted] and that he would need time to do his own investigating before he could schedule an interview. Mr. [redacted] is not being truthful if he told you that he called to schedule an interview, he only tried avoiding one. Tell him he may contact my office at any time to discuss the matter further."
In his response Mr. [redacted] contradicts himself yet again. He said he spoke to D.A. [redacted] who he says told him if any charges were to be filed he would call him to inform him. If this was true then why did he need his staff to call weekly to check for warrants?
Mr. [redacted] also states that as per his memory of our verbal agreement that he "would be on call for any calls from client regarding his pending case" he also states that he kept in contact with us from the 9th thru the 23rd. Then why couldn't we even talk to you when we tried calling you on Mon. the 13th we were told you would return our call. You did not return our call. On Tuesday the 14th I called again said we wanted to see you, and then we were given a tentative appt. for some time that afternoon. We were told to wait for a confirmation call after they spoke to you. Again no return call and no appointment. On Wednesday the15th we were given an appointment for Friday afternoon at 12:30. On Friday 30 min before our appointment your office cancelled then said Mr. [redacted] would see us on Sunday I informed them that we attend church on Sunday mornings, she assured me that he'd call us in the afternoon to tell us when to meet him. On Sunday the 19th [redacted] and I waited and waited for his call finally at 5pm when you did not call we went our separate ways. [redacted] received his very first phone call from [redacted] at 7pm that night. [redacted] did not even apologize he blamed it on his secretary and asked if we could instead come in the following day which was the 20th. Our phone records show that Mr. [redacted] called [redacted] one time and that was on the 19th that call lasted about one minute. But other than that 1 minute, that was 7 of the 14 days that he was employed by us when he supposedly was available and on call.
The biggest lie he tells is something we can prove beyond a shadow of a doubt. The witnesses, the list of names we gave Mr. [redacted], everyone on that list says Mr. [redacted] never contacted them. In his response he states "Witnesses, some of whom I contacted" what We want to know is WHO exactly did you contact? Nobody that's who, you are being untruthful again (to put it kindly). we can get letters from every person on that list and they will all say you never contacted them. So tell us Mr. [redacted] Who did you Contact?
Again we say that our verbal agreement was that WE pay you $1500 and we did. For that $1500 you were to do a little investigating into [redacted]'s case then you were going to schedule and attend an interview with [redacted]. Did you do any investigating into [redacted]'s case? NO. Did you schedule an interview for [redacted]? NO. Did WE send you a few Texts? Yes. Did you do anything other that look at these texts, investigate? NO. we do not except Mr. [redacted]'s response.
So we still say that you did not do as we agreed, and We still believe that you did not render service's agreed upon and We still believe you should refund the full amount of $1500.
Thank you for your time
[redacted] and [redacted]