I was facing FELONY charges. I'm now a convicted felon. I hired Luis Ewing to write pre-trial motions, which he assured me had an excellent chance of winning. In the end I got ZERO pre-trial motions, even though on four separate occasions (see emails below) he said he was preparing to do so. Instead, what I got was a TRIAL COACH. Period.
If I would have known that Luis Ewing would not write one pre-trial motion for me, I would have NEVER HIRED HIM IN A ZILLION YEARS!!! THAT was the only reason why I hired him, to write motions for me like he bragged about on dozens of internet radio shows.
I was offered a plea deal of "diversion" - classes 2 nights per week for 3 months. I was reassured by Luis to not take the deal, but rather pay him and he would beat the charges for me.
I contacted Luis Ewing about taking my case in Sep 2007. I had heard him on internet radio programs bragging about all the cases he had won using a technique that he had personally developed. He often spoke of his ability to research pertinent cases at the law library, then he orders a photocopy of the original, actual case from the State Archives. He then reads through the original case and gleans key points and "gems of information" from the documents.
These key points he says he uses to win the case. He often boasts about how he can use these documents to "box the judge in" so that HE (practically) MUST find you innocent or dismiss the case. He says that it costs $200 or more per case in photocopy charges.
Here is from his original email: "My charge to review your case is $1,300.00 to review NO more than 1 inch of paperwork and another $700.00 to review up to 1 ream of paperwork."
I agreed and sent $1300 and my paperwork to be reviewed. After evaluating the charges against me, his first evaluation was this:
These charges still have to have EVIDENCE or PROOF of either a:
2.) Or an attempted Sale!
Unfortunately, in my state, this is simply not the case. Possessing this substance is all it takes...
On Sunday, 16 Sep 2007, Luis and I negotiated his charges to "take my case", $7500 on top of the $1300. He agreed to write pre-trial motions to get my case dismissed based on cases he would research in his local WA law library and then order from my states Archives. The fact that he agreed to write the motion pre-trial is evidenced by his letters stating that that is exactly what he was promising and planning to do.
No guarantees of victory, but he did say emphatically that his bottom line guarantee was "to keep me out of jail". He explained over and over his 2 methods of keeping me out of jail:
1. they previously offered me diversion, so diversion is the worst they can give me, because they can't make you "trade one right for another" and so going to trial should not be used as a reason to take away the original offer.
2. Argersinger v. Hamlin makes it clear that if you are not represented by counsel, then you cannot be thrown in jail. No attorney, no jail.
These are the specific remedies that he told me he would perform for me IN THE VERY LEAST to keep me from jail time!! He also said that if I lose and want to appeal, he would charge another $7500 to write the appeal.
But appeal didn't really seem likely, because he told me over and over how weak the case was and that it would be no problem to blow all kinds of holes in their flimsy case. Besides, I had previously hired The LawyerDude to do the same thing - write pre-trial motions. Well Luis has/had a feud going with Lawyerdude, so Luis was promising extra special treatment for me so he could show Lawyerdude up. huh! all words designed to grease the tracks for his payday...
That is basically the extent of our agreement:
I would send $7500 in cash wrapped in tin foil in 3 payments.
1. write pre-trial motions derived from cases photocopied at my states Archives to get the case dismissed before trial.
2. guarantee NO JAIL - he had techniques tried and trued, so sleep well...
3. charge another $7500 if we need to appeal
This was a verbal agreement only. He never sent anything other than a "thank you" when the cash arrived.
The first payment was received by him Wed, 19 Sep 2007.
I got this email "Mon, 15 Oct 2007 16:17:00
The Research is going good and I should have a list of case files that I want you to order from the ARCHIVES Division of the Secretary of State's office by this weekend."
I got this email "Fri, 9 Nov 2007 03:32:00
Can you please send that $2,000.00 CASH ONLY asap to keep me going!
I have found a bunch of really good cases regarding "your issues".
I will be making 1 more trip to the law libary this weekend and I will have a list of cases that I would like you to order from the Archives that I need to perfect your briefings"
I got this email 13 Nov:
>did you send the other $2,000.00 CASH ONLY on Friday, Saturday or
"Thu, 15 Nov 2007 13:48:00
I am making 1 more trip to the Washington State Supreme Court Law Library tomorrow and 1 more trip to the University of Washington Law Libary this Sunday to pull a few more cases for your case before I make the "final" selection of which court case files that we need to order from your state Archives. I am finding more really good cases on THE ISSUE THING."
I got this email "Wed, 28 Nov 2007 22:05:00
I have found some good cases and I am making 1 last trip to the law library this weekend and will make final selection of cases that I would like to have you order from the Archives in your state this coming week"
My trial began in Feb 08. Can you guess how many motions Luis wrote before my trial? ZERO. nada. none. zilch. doubleott. numero O.
He never ordered any cases from my states archives. ZERO. nada. none. zilch. doubleott. numero O. I always told him that I was "ready, willing and able" to pay for the copies - $200 or more per case - no problemo.
Do you want to know what I got for my $7500 and a guilty verdict? I paid for a telephone Trial Coach!!!! Yes, I think Luis Ewing should get the domain "TrialCoach.com" because that is the long and the short of what he did for me.
He kept encouraging me with his patronizing phrases like "oh, it's just a dog and pony show". I remember using that exact phrase during the trial. At a recess my friend who was being forced to witness against me made a statement about how nervous he was for me, so I reassured him that everything would be ok because "this is just a dog and pony show") etc. I see now that this was all designed to keep me calm during my roasting.
Luis never wrote one motion that the judge could have used to dismiss my case. He never used the word "dismiss" in any paperwork he gave me immediately preceding and during the trial.
I was found guilty and am now facing sentencing and jail time.
here is a letter from Luis (prepare to be BURIED in words):
Tue, 26 Feb 2008 16:42:00
I told you many different things and they all had different "prices."
I told you that it would cost $15 to 20 to 25 thousand dollars to get your case "dismissed." -- AND YOU SAID YOU DID NOT WANT TO PAY THAT MUCH!
We are NOT talking about the price of a USED CAR where you get the SAME CAR for LESS MONEY because you JEWED down the price.
When you offer me LESS MONEY, you get LESS PAPERWORK period.
It seems that you think that since I have WON this specific kind of case before, that were are only talking the price for motions that you think that I have already done and I told you in the beginning that I have done this for Washington and several other States, but had NOT yet done this yet for Your State, because NOBODY wants to PAY WHAT IT WOULD COST in legal research to do it for Your State and NO I am NOT going to use any of my Washington briefs or briefs for other States regarding Motions to Dismiss charges of MANUFACTURING WITH INTENT TO DISTRIBUTE cannot stand ABSENT A SALE OR ABSENT AN ATTEMPTED SALE,
because my other defendents paid me $25,000.00 to $40,000.00 for those brief packages which are very detailed briefs which would not work in your case as they were fact specific to their cases and were based on very specific statutes and holding case law in their own States that would NOT apply in your Your State case because the statutes and case law is "different."
You did NOT want to finance the research into my argument that MANUFACTURING WITH INTENT TO DISTRIBUTE is what the State of Your State was supposed to adopt
and that Your State could NOT change the federal law into just merely CULTIVATING, but now after you have been CONVICTED, you want me to look it up and do all this extra research for FREE because you say "BECAUSE YOU ARE A STUD."
I can't afford to take time off of work to do that kind of research for FREE just because I am a STUD!
That is ridiculous that you would ask me to do that!
When you knocked the price down, you tied my hands and prevented me from having time and funds to do the type of quality and quantity and THE TIME that it takes to do the long and tedious research that it takes TO WIN A CASE.
You seem to think that all of this work just magically comes out of my magic computer all by itself and I am just quibling over the "price" like we are talking about a used car or something????
When we finally agreed to a price, I told you in "advance" that I would only do the "minimum" that it would take to just "keep you out of jail."
I have done tons of research into doing a pre-trial brief that was prevented by the judge not granting a continuance.
The judge would have probably denied it anyways, because for the SMALL AMOUNT of money that you paid, it would not have been my best work or anywhere even close to my best work, it might have won, but I know that I only would have written it to preserve arguments that would win on appeal sooner or later.
So, I replaced that by doing other documents, spending time on the phone talking to your Public defender, doing additional documents for you, amending her documents, resubmitting her documents for both your friends which she only did for you and the combination of these things IS THE CREDIT THAT I GAVE YOU to replace the pre-trial motions that I would have done for you if the judge had granted a continuance, that extra work was not just "freeby's."
It took me more time to RE-DO her brief alone that it would have for me to submit the pre-trial brief that you wanted, but didn't get because the judge would not grant a continuance.
She did NOT write any motion for your friends!
DO YOU HONESTLY BELIEVE THAT YOUR ATTORNEY IS NOT A PART OF THE DOG & PONY SHOW????
You would have to be really "dumb" if you believe that and let me explain why and you will "understand' that what I am saying is absolutely TRUE!
Ask yourself "why" didn't she submit the same MIRANDA brief for your friends that she did for you?????????
Now call up your attorney and ask her this without tipping her off the following questions:
1.) If the court has NO testimony by me that the SUBSTANCE CURRENTLY ILLEGALLY OUTLAWED BY OUR TREASONOUS POLICE STATE are mine, can they establish the "corpus-delecti" of possession of the SUBSTANCE CURRENTLY ILLEGALLY OUTLAWED BY OUR TREASONOUS POLICE STATE if there are other people that testify that the SUBSTANCE CURRENTLY ILLEGALLY OUTLAWED BY OUR TREASONOUS POLICE STATE were my SUBSTANCE CURRENTLY ILLEGALLY OUTLAWED BY OUR TREASONOUS POLICE STATE????
SHE WILL SAY YES! -- ARE YOU GOING TO TELL ME THAT YOU ARE SURPRISED????
2.) Can they use your friends testimony against me to convict me????
SHE WILL SAY YES! -- ARE YOU GOING TO TELL ME THAT YOU ARE SURPRISED AGAIN????
3.) Your attorney, if they can use your friends testimony to convict me, WHAT WAS THE POINT OF WRITING AND SUBMITTING A BRIEF OR MOTION TO SUPPRESS ALL MY STATEMENTS FOR NOT READING ME MY MIRANDA RIGHTS IF THEY CAN USE YOUR FRIENDS TESTIMONY AGAINST ME AND FIND ME GUILTY AND CONVICT ME AND SEND ME TO JAIL ANYWAYS???????????????????????
ANSWER NO 1: DOG AND PONY SHOW!
ANSWER NO 2: DOG AND PONY SHOW!!
ANSWER NO 3: DOG AND PONY SHOW!!!
Don't you see that she was artfully engaging in an exercise of FUTILITY but putting on a hell of a good show, OH WOW, THEY GRANTED HER MOTION TO SUPPRESS
MY STATEMENTS AND I AM GOING TO BE ALL HAPPY THAT SHE GOT SOMETHING FOR ME, OH WOW, I AM SO IMPRESSED OVER THIS AND I AM GOING TO BE SO HAPPY WITH HER, I WON'T BE MAD AT HER LATER WHEN THE JUDGE SMASHES ME INTO THE GROUND WITH HIS IRON FIST WRAPPED IN YOUR ATTORNEYS VELVET GLOVES.
You are being led around and pulled by the nose and you don't even see it!
Really what was the POINT of her submitting a MIRANDA BRIEF to suppress ONLY YOUR STATEMENTS, when SHE knew in advance that they could still convict you
based upon THE TESTIMONY OF BOTH OR EITHER YOUR FRIENDS????????????????????
IT'S CALLED THE DOG AND PONY SHOW!!!!
I REPLACED and CREDITED the SMALL amount of "money" that you paid me to run interference and RE-DO her briefings for you and RE-DO her briefings and submit
them for both YOUR FRIENDS which is something that she did not do and finally it also took me extra time to write those motions and affidavits regarding you not waiving your rights to counsel, that you did not want to defend yourself, that they cannot force counsel on you, that you were still seeking counsel, that your attorney was not your counsel of choice and NO, THOSE EXTRA THINGS ARE NOT FREEBY'S, THEY ARE A REPLACEMENT AND CREDIT that is ALL USED UP and YOU HAVE NO MONEY LEFT PERIOD.
You seem to be all "hung up on money" more than you are on either staying out of jail or WINNING.
You did NOT pay me to WIN!
You only paid me to just barely keep you out of jail period and so far you have got the minimum and that is the ONLY thing that I promised that I would TRY TO DO and to correct your misunderstanding of this, I told you in advance THAT IS AGAINST THE LAW TO GUARANTEE ANY KIND OF PERFORMANCE IN ANY COURT IN
AMERICA AND THAT NO ATTORNEY WOULD GUARANTEE, SO WHY SHOULD I GUARANTEE ANYTHING, ESPECIALLY IF YOU ARE OFFERING TO PAY ME LESS MONEY.
ALL THAT EXTRA WORK MORE THAN REPLACED the pre-trial motions and actually took longer for me to do than it would have taken for me to do the pre-trial motions as I told you that it takes many weeks or months to do the research, but only a day or 2 to actually write the briefs once the research is culled out from stacks of cases that are not on point.
But if you go back and read my consulting agreement that I first sent you in the beginning, it clearly lays out that everyone pays at every stage of the game that the court plays.
You had a 2nd chance to write a Motion for Reconsideration or Motion for Acquittal if you had "re-submitted" WITHIN 10 DAYS the "pre-trial motion" that was first denied and I offered to do it for a $1,000.00 off of 50% of case or $2,500.00 and you just passed it up, because you did not want to spend the "money."
If you read my original consulting agreement, it clearly lays out that I charge the same amount or "more" to do an appellate level brief.
If your Public Defender gets her Motion for New Trial granted, do not think that it is she that is getting it on her work standing alone, that is the BS that they will tell you because it is a big part of the DOG & PONY SHOW to make you believe that only an Attorney who possesses the "magical bar card" that is "competent" to do anything for you.
Chances are likely that they will grant her motion and they will of course claim that my motions and affidavits had nothing to do with it, when the truth is that you have "prima-facie" set the record that you have not "yet" waived your rights to counsel, that you are still seeking counsel, that you do not want to defend yourself and that they cannot force counsel on you and that she was not the counsel of your choice, therefore since they now realize that they can't throw you in jail, they probably will grant her motion for a new trial, then she will put up an ACT to make it look like she is actively and rigorously fighting for your rights to make their DOG & PONY SHOW look even better, but she will LOSE again and this next time, YOU WILL GO TO JAIL FOR SURE unless you hire me to run "interference" like you did the first time.
So far I have helped keep you from going to jail which is what I told you in the beginning is all that I would do for the very SMALL amount of money that you sent me.
AN APPEAL BRIEF WILL COST YOU $7,500.00.
PLEASE DON'T GET TOO HAPPY IF AND "WHEN" THEY GRANT YOUR ATTORNEY MOTION FOR A NEW TRIAL!!!!
BECAUSE I RAN INTERFERENCE, THEY KNOW THAT THEY CAN'T JUST THROW YOU IN JAIL THAT EASILY!
THEY NEED TO DO ANOTHER TRIAL TO CLEARLY ESTABLISH ON THE RECORD THAT YOU "WAIVED YOUR RIGHT TO COUNSEL" WHEN "YOU" ALLOW YOUR ATTORNEY TO "REPRESENT" YOU IN THE NEW TRIAL SO THAT THEY CAN THROW YOUR a*s IN JAIL THE NEXT TIME THEY FIND YOU GUILTY AND BELIEVE ME, SHE IS IN ON IT, WHETHER YOU BELIEVE IT OR NOT!!!!
She will of course deny that, act like she is "non-plussed", and go on to pretend like she is actively and vigorously fighting for your rights as her part in THE DOG & PONY SHOW!!!!
But ask yourself again, WHY DID SHE WRITE A MOTION TO SUPPRESS ONLY YOUR STATEMENTS and NOT YOUR FRIENDS??????????????????
Now if the MOTION FOR A NEW TRIAL gets granted, I offer 1 of the 3 following choices for you.
1.) Try to keep you out of jail: $2,500.00
2.) Run interference and "supplement" all of your attorneys motions and try to keep you out of jail for $4,000.00.
3.) $5,000.00 to Re-work Pre-Trial arguments that were going to go into a Motion for Reconsideration or Motion for Acquittal type of argument regarding:
a.) NO EXIGENT CIRCUMSTANCES.
b.) MINOR CAN'T CONSENT.
c.) SUPPRESSION OF ALL STATEMENTS PRIOR TO MIRANDA WARNING NOT BEING READ.
d.) POLICE OFFICERS TESTIMONY AT TRIAL CONFLICTED WITH PRIOR TESTIMONY AT SUPPRESSION HEARINGS AND WITH EACH OTHER.
The 3rd option has a good chance of getting your case dismissed, but if not, it will preserve all the arguments for appeal and "should" win on appeal, but if it doesn't, you will have to appeal again AND MY CONSULTING FEES AGREEMENT EXPLAINS THIS IN FULL DETAIL.
You got far more than you PAID for, but you just do not understand THE DOG & PONY SHOW well enough to "know this."
I know by your silence over the last few weeks, that you think that only your public defender has done you any good.
But ask yourself this question again, WHAT WAS THE POINT of the public defender writing a brief to suppress your statements IF SHE KNEW THAT THE COURT COULD
STILL CONVICT YOU UPON THE TESTIMONY OF EITHER OR BOTH YOUR FRIENDS??????????????
Ask yourself this question again, WHAT WAS THE POINT OF THE COURT GRANTING THAT MOTION TO SUPPRESS ALL OF MY STATEMENTS when the COURT still had every intention of GOING FORWARD and CONVICTING YOU based upon THE TESTIMONY OF YOUR FRIENDS!!!!!
ANSWER: DUH, TO MAKE YOU BELIEVE THAT YOUR PUBLIC DEFENDER WAS DOING SOMETHING FOR YOU AS A PART OF THEIR DOG AND PONY SHOW!!!!
Are you starting to GET A CLUE what's going on in your case yet????
I can only help you as far as you are willing to pay me.
The Bible says to pay your teachers well and the price you paid is no where even remotely close to what any Your State defendent has ever paid to win their case to any Your State Attorney.
The Bible says that a working man is worthy of his hire and you paid me far less that what any Your State defendant has paid to many many attorneys that all lost their cases and "they" unlike you "all went to jail."
The Bible says to not muzzle the oxen if the oxen is working hard in the field and you said that I was an "ox" or "stud" who could do it just because I am a "stud" but wouldn't pay me the type of money that it would take to win and by doing so, you muzzled this "ox" or "stud." -- DUDE, THE OX CAN'T WORK VERY HARD FOR VERY LONG WHEN HE HAS ONLY A SMALL AMOUNT OF MONEY TO BUY FOOD AND CAN'T WORK THAT HARD WHEN HE JUST ATE A HAMBURGER INSTEAD OF A NICE RIB EYE STEAK.
The Bible says to follow "the golden rule" and do unto others as you would have them do unto you and I would not tell you to "roof" or "paint" my house or "mow my lawn" because you are a "stud," I would pay you to do it at top dollar, because I like to have things done right far more than I am interested in saving money.
In the real world, "you get what you pay for."
I am capable of destroying the whole Drug Code in your state, I am capable of taking down the IRS, I am capable of eliminating all property taxes, I am capable of freeing everyone from having to have a "drivers license" in every State, I am capable of getting water rights where no one else knows how, but guess what?
Nobody wants to pay what it would really cost in time, research, photo-copies, filing legal actions to do any of these things, so I can't do it and my legal skills are being wasted helping drunk drivers and drug dealers who all want to make a little extra money on the side for selling, but don't want to pay me the same money that they would have to pay any attorney????
I am seriously considering telling everyone to "f*** off, I quit," and just go into real estate and make money for myself and let ALL OF YOU have ONLY the ATTORNEYS AS YOUR 1 AND ONLY OPTION TO FIGHTING THE COURT SYSTEM.
Until EVERYONE including YOU gets their heads out of their "asses" and starts FINANCING AN ALTERNATIVE to hiring a BAR CARD CARRYING ATTORNEY and PAYING the SAME MONEY or BETTER MONEY, WE WILL NEVER BEAT THE COURT SYSTEM AND WE WILL NEVER WIN.
Why don't you think that there is more guys like Luis Ewing?
Answer: Because every one wants to pay guys like Luis Ewing LESS MONEY than they would have to pay any ATTORNEY.
DO NOT MUZZLE THE OXEN IF THE OXEN IS WORKING HARD IN THE FIELD.
How do YOU or ANYONE ELSE expect me to be YOUR KNIGHT IN SHINING ARMOR to go into battle for you if you won't pay me enough money to buy an ARMORED SUIT, but are willing to dress me in a CARD BOARD or PAPER MACHE SUIT????
When you offer me LESS MONEY than YOU would have to PAY any ATTORNEY, YOU MUZZLED THE OXEN.
It takes fire to fight fire!
It takes MONEY TO FIGHT MONEY and lot's of it!
It has taken THE BAR ASSOCIATIONS more than a 100 YEARS to establish absolute control over THE LAW and how can you or anybody else expect me to take that down OVERNIGHT????
The CITY ATTORNEYS, COUNTY PROSECUTORS, PUBLIC DEFENDERS in the State courts and the U.S. ATTORNEYS in the Federal Court system have THE UNLIMITED TAX PAYERS BUDGET TO WORK WITH, FULL PAID SUBSCRIPTIONS TO LEXUS LAW, WEST LAW, VERSUS LAW, BRIEF BANKS, etc. to work with.
The private attorneys and big money LAW FIRMS have their own offices, secretary's, receptionists, para-legals, junior attorneys, legal researchers, their own fully stocked law libary, their own large conference rooms to take depositions and meet with opposing counsel, fully paid subscriptions to LEXUS LAW, WEST LAW, VERSUS LAW, BRIEF BANKS and guys like YOU want me to COMPETE WITH THEM, CHARGE YOU LESS MONEY THAN THEM AND WANT ME TO WIN YOUR CASES
BECAUSE I AM A "STUD"?????
Until EVERYONE gets their heads out of their "butts" and LEVELS THE PLAYING FIELD and open up their wallets and starts FINANCING AN ALTERNATIVE TO HIRING A STATE BAR ASSOCIATION ATTORNEY, WE WILL NEVER EVER BEAT THE COURT SYSTEM AND WE WILL NEVER WIN PERIOD.
Those who got the gold makes the golden rules, it's always been that way and it's always going to be that way.
You have 3 choices above, $2,500.00, $4,000.00 or $5,000.00.
YOU CAN SKIP ALL 3 AND "TAKE YOUR CHANCES", BUT YOU STILL MIGHT GO TO JAIL IF YOU DECIDE TO BE A CHEAPSKATE AND DROP THE BALL AT THE 50 YARD LINE.
An APPEAL will cost another $7,500.00, but you could still go to jail.
If you were smart, you would pick at least 1 of the 3 options above or if you were smarter, you would pick option number 3 because you stand to save $2,500.00 if you don't have to appeal.
Page for page, you got more paperwork and more phone time out of me than you would have if you had paid any private attorney to do your case period, however, I know you are having a hard time understanding these "facts" because you got everything from your attorney for FREE at the TAX PAYERS EXPENSE.
I know that any private attorney would have charged you between $10,000.00 to $15,000.00 PLUS EXPENSES at a minimum to do the "exact same thing" that your
attorney did AND SHE LOST YOUR CASE, NOT ME!!!!
You did NOT pay me to WIN, you only paid me the bare minimum to just try and keep you out of jail and so far, I have done that.
But to stay out of jail, I have to APPEAL those issues regarding NOT WAIVING YOUR RIGHTS TO COUNSEL, THE COURT CAN'T FORCE COUNSEL ON YOU, YOU DO NOT WANT TO DEFEND YOURSELF, etc., to just barely keep you out of jail.
IF YOU DROP THE BALL NOW AT THE 50 YARD LINE, YOU WILL NOT BE ABLE TO BLAME ME WHEN YOU GO TO JAIL.
READ MY CONSULTING FEES AGREEMENT AGAIN!
You get what you pay for is a fact of life in the real world.
here was my answer:
Tue, 26 Feb 2008 17:14:00
I guess the problem here is that you have me confused with someone who has a bunch of money, or one of your clients who can just poop money... for some amazing reason you keep trying to compare yourself to local attorneys and trying to get me to "see the value"..
but what you forget is that I NEVER CONSIDERED THEM FOR ONE MINUTE!!!
now I realize that I could have had what now I AM DEEPLY HOPING FOR!!!! diversion... do you know what that costs? in dollars? under $1000. THIS is what
you were up against budget wise... THIS is what I compare your service to... THOSE were my choices.
so you can keep on about these $ tens of thousands of dollars $, but again, you have me confused with one or more of your other clients...
you also seem really stuck on the term I use occasionally - that your previous victories qualified you as a legal "stud". quick reminder: there is a very fine line between a stud and a d**k...
the way you talk about the absolute pittance of drewl that I scraped to you, just happens to be in the top 5 most expensive items I've ever bought in my life!!! and you try to make me feel like s**t that I was such a cheap, ignorant MF that I basically get what I deserve if I'm not willing to keep ponying up.. I paid almost 10 grand to get totally stuck. less than $1k with diversion and I'd be a free man by now. I am the biggest idiot around... what a
total f***ing mistake... instead of diversion, you fill me full of law and bravado "we can win" so I pony up $9k+. now, if I go to jail, my family would be financially ruined. hmmm, should I have paid the $1k and 3 months of 2 nites per week OR pay Luis to "fight" and gain financial ruin????? I'm not feeling so smart.....
I wonder if any other working sap idiots tangled up in this deviant system out there will be interested in hearing "the rest of the story" from a fellow sap idiot...? If I had to do over, YOU would not have my drewl scrapings to belittle and lecture me with!!!
and then I didn't read the fine print on some agreement we made.. great.. now I don't even know if you really will do what I KNOW you said you would do and keep me out of jail... I'm sure you have a way out of that too. Just bury me with more words...
Here is his answer:
Tue, 26 Feb 2008 19:10:00
it seems as though you are suffering from "selective memory" and/or you are just lying to yourself.
Stop boo hooing over spilled milk, I told in in advance many times over the phone and in my consulting fees agreement cost's money at every stage of the proceedings as I have advertized that fact for 12 years plus on the Internet.
I told you in advance that it would cost 15 to 20 to 25 thousand dollars to WIN your case AND YOU SAID YOU DID NOT WANT TO PAY THAT MUCH AND THAT YOU DIDN'T HAVE IT.
I told you in advance many different things that I could do and gave you the prices for each and you chose the cheapest to just stay out of jail and that is what you got so far, but now you risk going to jail if you do not pay for an appeal or 1 of the 3 options that I gave you in the last e-mail.
I even told you in advance that I could cut you a break if you found me another client that would pay me "good money" to do something and you said you would send out my advertisements to millions of E-Mail addresses that you were going to send out to all your e-mails list's to get me some more "donations" and just spread out my FREE FLYERS and you never did that either?
I told you in advance that it would be MUCH CHEAPER to take their diversion agreement, but you said you didn't want a conviction on your record and wanted me to try to beat your case, however, when you MUZZLE THE OXEN and don't pay what it really cost's, you get what you pay for and can't expect to WIN on such a low low budget.
I told you in advance that for the SMALL amount of money that you were offering that I would only do the minimum just to try to just barely keep you out of jail AND YOU SAID OKAY and paid the SMALL amount of money that we both agreed upon.
I NEVER SAID ANYTHING ABOUT WINNING for the SMALL amount of money that you paid.
I gave you 3 options in the previous E-Mail, pick 1 or risk going to jail and pick none and stop blaming me for you NOT having a lot of money.
You not having a lot of money is no concern of mine, I gave you many different options of what you would get for different amounts of money and you chose the cheapest way to go and that's exactely what I gave you.
I can only go as far as you are willing to pay me to go.
You seem to think that by pleading with me that you don't have a lot of money is some kind of bargaining chip or negotiating tactic to get me to reduce or lower my prices, but that doesn't work with me, my prices are NOT negotiable, I tell EVERYONE in advance that I am capable of doing many things and give out the prices for each thing that I offer to do and give EVERYONE the option of picking that service that they can afford to pay and you chose the cheapest way to go, therefore, you got what you paid for OR MORE IMPORTANTLY, YOU DIDN'T GET WHAT YOU DID NOT PAY FOR.
Do NOT blame me for YOU growing SUBSTANCE CURRENTLY ILLEGALLY OUTLAWED BY OUR TREASONOUS POLICE STATE and NOT taking precautions to have your possessions hidden and locked up so that nobody could open the door to your shed and find something contrary to our current police state inside.
You previously admitted to me that your friend was making "side-money" selling some here and there, why should I believe that you weren't also making some side money selling to?
You know I really it is quite funny how guys want to be able to "make money" selling can claim they are broke and don't have much money when they get busted and have to pay for legal help to keep from going to jail.
You took the risks of prosecution when you started doing something contrary to our current police state, NOT me.
You are the 1 who got busted for doing something contrary to our current police state, NOT me!
You blaming me is just as SILLY as the drunk driver blaming me for him getting behind the wheel and driving DRUNK.
The LESSON LEARNED here is don't grow and expect to make any "money" at it if you are NOT willing to pay it really cost for legal help when you get in trouble.
Sober up to the FACT that legal help is expensive, it's a fact of life.
I make my living undercutting attorneys by 20% to 30% or more, but the fact is that all legal help even mine is still expensive and "everyone" says that they can't afford it, just like "everyone" in jail says they are "innocent, it was the 1 armed man who did it."
It's absolutely absurd that anyone would come to me with such a SMALL amount of money and expect more results than they could ever hope to get from any Attorney.
Considering the FACT that I told you all of this advance, I understand why you feel stupid, as I did also tell you that it would be much cheaper to just take their plea bargain diversion thing, but you wanted me to try and do what I could for the money you did spend and I did far more for the money than any law firm would have charged you page per page.
I reject your $1,000.00 offer to just stay out of jail.
Pick 1 of your 3 options in the previous e-mail "or risk going to jail and pick none," it's up to you.
And finally, the last email I received:
Wed, 26 Mar 2008 05:33:00
I told you in advance for the SMALL AMOUNT OF MONEY that you paid, I COULD ONLY DO THE MINIMAL TO ONLY TRY TO KEEP YOU OUT OF JAIL, BUT THERE WAS ABSOLUTELY "NO GUARANTEE" OF THAT, AND ESPECIALLY NOT AT THE "CHEAP PRICE" YOU PAID FOR ME TO DO THE "MINIMAL" TO JUST TRY AND KEEP YOU OUT OF JAIL.
The groundwork has been laid for me to "try and keep you out of jail", but you are only HALF-WAY through the process where I would "only try to keep you out of jail" and you can continue trying to be a "cheapskate" and wait and see what happens before you "spend any more money" if you like "gambling", but I told you ALL OF THIS IN ADVANCE.
I told you in advance, that you will have to PAY at every stage of the proceedings the same as you would have to pay any attorney to: 1st, accept a RETAINER, 2nd, pay a FEE for an attorney to do something, 3rd pay another FEE if it goes to trial, 4th, PAY FOR AN APPEAL.
The paperwork that I put in to "lay the groundwork" for the argument that you cannot be sentenced to any jail time if you have NOT waived your right to counsel IS ONLY HALF DONE and YOU ARE RISKING GOING TO JAIL BY NOT PAYING ME FOR THE NEXT STAGE IN THE PROCEEDINGS WHICH IS "SENTENCING" WHERE RIGHT NOW, YOUR CHANCES OF GOING TO JAIL ARE 99.99%, because as I said, I ONLY gave you part of the argument.
YOU DROP THE BALL AT THE 50 YARD LINE JUST BECAUSE YOU WANT TO SAVE MONEY, THEN IT WILL BE 100% YOUR FAULT WHEN YOU GO TO JAIL AND NOT MINE PERIOD.
If you want me to do more work for you, here are your options:
1.) IF YOU WANT ME TO HELP WRITE A MOTION FOR A NEW TRIAL AND ADD TO YOUR ATTORNEYS MOTION FOR A NEW TRIAL, THE COST WILL BE $5,000.00, PLUS EXPENSES.
2.) IF YOU WANT ME TO WRITE A BRIEF SHOWING CASE LAW THAT SAYS THAT THEY CANNOT THROW YOU IN JAIL, BECAUSE YOU DID NOT WAIVE YOUR RIGHTS TO COUNSEL, THE PRICE IS $5,000.00 PLUS EXPENSES.
3.) IF YOU WANT ME TO WRITE A APPEAL BRIEF, THE COST WILL BE $10,000.00 PLUS EXPENSES.
4.) IF YOU WANT ME TO WRITE AN APPEAL BRIEF PLUS WRITE A BRIEF SHOWING CASE LAW THAT SAYS THAT THEY CANNOT THROW YOU IN JAIL, BECAUSE YOU DID NOT WAIVE YOUR RIGHTS TO COUNSEL, THE PRICE IS $13,000.00, PLUS EXPENSES.
* * *
5.) GO TO JAIL!
6.) YOU CAN CHOOSE TO BE A "CHEAPSKATE" AND WAIT UNTIL "SENTENCING" TO SEE WHAT HAPPENS AND IT IS ALMOST ASSURED YOU WILL GO TO JAIL, AND WHEN YOU HAVE YOUR SON OR DAUGHTER CALL ME UP CRYING FOR HELP TO GET YOU OUT OF JAIL, I WILL HAVE TO RAISE MY PRICES THE SAME AS ANY ATTORNEY WOULD, BECAUSE YOU WAITED
UNTIL THE LAST MINUTE TO CALL ME AND IT IS HARDER TO UNDO SOMETHING THAT IT IS TO STOP IT FROM HAPPENING IN THE FIRST PLACE.
EVERYONE KNOWS THAT IT IS A FACT OF LIFE THAT LEGAL WORK IS VERY TIME CONSUMING AND IT IS NOT CHEAP, QUITE THE CONTRARY, LEGAL WORK IS "EXPENSIVE."
SO WHAT IS CHEAPER:
1.) GOING TO JAIL FOR 6 MONTHS???? -- JUST THINK ABOUT THIS 1 FOR A MINUTE, i.e., HOW MUCH $__________.00 DO YOU STAND TO LOSE IF YOU ARE NOT WORKING?????
2.) PAYING $5,000.00 TO $13,000.00 AND GET SENTENCE STAYED PENDING OUTCOME OF APPEAL AND PUTTING IN PAPERWORK COMPLETING PROCESS OF ARGUMENT THAT YOU CANNOT
BE SENT TO JAIL WHERE YOU DID NOT WAIVE YOUR RIGHTS TO COUNSEL????
I BELIEVE THAT YOU ONCE TOLD ME THAT YOU MAKE AN AVERAGE INCOME PER MONTH, AND EVEN IF I WERE TO BELIEVE THAT, WHICH I DON'T, THAT IS STILL A BUNCH.
ARE YOU REALLY SUCH A "CHEAPSKATE" THAT YOU WOULD BE WILLING TO LOSE OUT ON ALL THAT INCOME JUST BECAUSE YOU DID NOT WANT TO SPEND ANOTHER $5,000.00 TO $13,000.00.
That would NOT appear to be a very wise "business" decision. (Emphasis added).
YOU HAVE NO CREDIT!
YOUR MONEY IS ALL USED UP, IT'S ALL GONE PERIOD!
YOU HAVE NO MONEY LEFT PERIOD!
YOU GOT FAR MORE THAN WHAT YOU PAID FOR AND WHETHER YOU UNDERSTAND THAT OR NOT DOES NOT MATTER TO ME, BECAUSE THE ANSWER IS ABSOLUTELY "NO" PERIOD, I AM NOT GOING TO DO ANY MORE WORK ON YOUR CASE UNLESS YOU PAY FOR IT AND PAY IN ADVANCE PERIOD!
UNTIL I SEE MONEY IN AN ENVELOPE ADDRESSED TO ME, I WILL NOT BELIEVE YOUR PHONE MESSAGE THAT YOU HAVE HAD "A CHANGE OF HEART" AND NOW WANT TO FIGHT THEM.
UNTIL I SEE AN E-MAIL TELLING ME THAT YOU ARE SENDING ME CASH MONEY FOR 1 OF THE ABOVE OPTIONS, THERE IS NO POINT IN ME CALLING YOU PERIOD.
I will call you when I see CASH MONEY in an envelope addressed to me from you.
My policy for 12 years plus is NO MONEY NO TALK period!
You want me to "call you", then send MONEY first and then I will call you when I see it in my hands.
This is nothing "personal", it's just "business" to me the same as any attorney.
Send CASH ONLY by FEDERAL EXPRESS or UPS or PRIORITY MAIL or DHL to:
NOTE: I DO NOT ACCEPT MONEY ORDERS OR CASHIERS CHECKS AS I HAVE NOT HAD ANY STATE ISSUED DRIVERS LICENSES SINCE 1996 AND NO BANK WILL CASH THOSE THINGS WITHOUT CURRENT STATE ISSUED ID PERIOD.
I've decided not to punish myself by communicating with him anymore....
Salient lessons learned:
NEVER, NEVER, NEVER, EVER send ANYBODY a single dime until I have IN WRITING ***exactly*** what I will get for my money. PERIOD!!!!! This is the real bottom line.
You can clearly see from the letters above that he PROMISED to do things around time to receive payments, but never followed through on any of it, then bait-and-switched pre-trial motions for trial coaching. If I thought I was going to get "trial coaching" instead of pre-trial motions, do you think for one second that I would have taken trial over diversion??? NO WAY!! If I knew he was going to only be a trial coach, I would have kept the $7500 (or $9340 total) in MY POCKET and done the diversion they were offering. 18 months and it goes away. Now I'm a felon for 3 years.
Luis made NO EFFORT to slow the inevitable train called trial. Despite numerous written intentions, Luis did not lift a finger or write one word until the day before trial!! On the day before my trial LUIS INSTRUCTED ME (over the phone) to humiliate myself by making the judges secretary throw my papers on the ground, which the judge certainly held against me the next morning!!! You see the fact is that the moment the trial is over, Luis is done. Finished. As he wrote to me "YOU HAVE USED ALL YOUR MONEY UP. YOU HAVE NO MORE CREDIT." He will not lift one finger further unless I pony up more cash. period. It is clearly in his best interest to allow the "trial train" to run it's course as QUICKLY as possible. I didn't realize until it was too late that his promises of action, written September through December were designed to keep me calm and reassured so that trial could naturally come and then be over, so he can collect more $$$.
I don't know fully yet what this means, but Luis insisted that I NOT request a jury trial. Bench trial he repeats over and over. That way, he says, the judge must give a writ of findings. Do you know how hard it was for the judge to say "in the very least I find you guilty of aiding and abetting the person who is responsible for this crime.? I don't know a whole lot about this stuff since this is my first time, but it seems like a jury trial would have at least given me a fighting chance. Don't they have to rule on reasonable doubt? The judge certainly didn't have to meet that standard in my bench trial..
My public defender was begging me to have a jury trial - couldn't believe I was insisting on a bench trial. Again, I feel like an idiot for having listened to Luis' advice. Now it appears to me that Luis insisted I take a bench trial to setup his next payday... A bench trial means a sure guilty and the need for an appeal, which we know costs more...
Luis' trial coaching techniques left allot to be desired also. He spoke on the phone to the friend of mine who was being called as a witness against me. My friend was going to be called to the stand to testify if he said what the cops wrote down that he said. Due to some legal reasons he came up with, Luis told my friend "deny saying it", instead of the standard "I don't remember saying that", like the cops testified repeatedly during the trial. But when the judge heard my friend say "NO, I DIDN'T SAY THAT", the judge took that as the witness was being EVASIVE. If I had it to do over, I would NOT have allowed Luis to speak with my friends/prosecutors witnesses.
A word about "FEARMONGERING" - a Luis Ewing trademark. When he was trying to convince me to hire him, he would go into an endless tirade of how if I took the plea agreement every negative thing in the world would happen to me... I can't think of a single negative to taking the plea deal now, but I do remember the avalanche of fear inducing words that it brought when mentioned. ESPECIALLY since that was his competition!! Actually, just read his letters above and you will find all the fearmongering you need to hear.
In conclusion, I think that Luis Ewing has an incredibly disfunctional relationship with money - again, just read his rantings above... He seemed to always be horribly broke and he makes it sound like it was his clients fault!!! He asked me to overnight $340 cash to him one day "to cover expenses driving back and forth from the law library". Some basic service to his home had been cut off and Luis was jonesing to get it turned back on. I don't remember if it was his electricity, phone or internet service, but it was off and he wanted it turned back on immediately and I was the most desperate (for his services) warm body with cash who could get him out of the jam. Since I got no briefs from Luis unique to my case, it is doubtful that these "trips to the library" ever took place (on my behalf).
Screwed By Luis Ewing