How can I obtain a full copy of a criminal file to include evidence, when the attorney has passed away?

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How can I obtain a full copy of a criminal file to include evidence, when the attorney has passed away?

My husband was arrested and convicted of charge that in state legislation was in the middle of an upgrade from a misdemeanor to a second degree felony. The attorney on the case that I had hired did nothing to help my husband and it ended up in a conviction. I need to get the full file so I can see what can be done to reverse the conviction.

Asked on August 18, 2010 under Criminal Law, Connecticut

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, you should determine if the attorney was a solo practitioner or if he was a member of a firm.  If he was part of a firm, your husband should draft a letter to the firm demanding a copy of his file.  They will most likely happily oblige.  If they do not, he can threaten to file a grievance, and then if that still does not work, he can file one.  Chances are, they will copy his file without any problem though.  If, on the other hand, the attorney was a solo practitioner, then there will be no firm to contact.  However, in Connecticut, when a solo attorney passes away there will be another attorney assigned to make sure his files are resolved and taken care of.  You can find out who this attorney is through the Connecticut Bar Association.  Once you have determined that, your husband should similarly demand a copy of his file in writing.  Good luck.


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