This letter is to file a complaint of misrepresentation I recently received from attorney Briley Richmond
On or about 24 July I was charged with simple assault and DUI 1st offense. I entered a plea of not guilty on 1 September with the City of Diberville Municipal Court located on 10383 Auto Mall Pkwy, Diberville, MS 39540, which continued my case to the date of 3 November. I called Mr. Richmond on 25 October to meet with him for possible representation. We both agreed to meet on the 27th of October. He said he would call me back with a place to meet. I thought meeting outside of the usual office setting was a good way to establish rapport.
On 27 October we met at Starbucks Caf located on 2404 Pass Rd Biloxi, MS 39531. He showed me all of his credentials to practice law in the state of Mississippi. I was pleased to know that he was involved in different fields of law which made me more comfortable to press on. I presented to him the abstract and case description for the DUI (The City of Diberville would not provide me a copy of the abstract for the simple assault because it was on a minor) (see attached abstract and case description).
He said that this case was easy because of the details that involved the arrest. I told him the court date was on the 3rd of November, but I can ask for a continuance so he can better prepare himself for the case. He said he did not need the extension but if it would make me comfortable than ask for the extension. I called the court house on the 27th of October to ask for an extension. They advised me that I had to come in person to extend my court date. The date was extended to 17 November.
On or about 13 November we met in a park and ride located in Ocean Springs, MS right off of exit 50. I paid Mr. Briley Richmond $500.00 in cash to represent me (see attached receipt). I thought it was unusual that we did not conduct this transaction in a business setting. I did not speak with him until 17 November the day of court. Mr. Richmond showed up for court and presented himself before the District Attorney as my lawyer. He sits next to me and starts biting his thumb nail until it begin to bleed.
Once he returns from the bathroom, he starts commenting on the two womans breasts wondering if they were real or not. I ignored his comments and asked about my case. He said he just read my abstract from the DA and he then shows me a piece of paper, that he clearly went on the internet to find, on what the state of Mississippi says in regards to the ins and outs of simple assault and anything that follows, with that charge, will not hold up in court because the simple assault would be dropped. I told him that I have pictures of the victim staying at my residence and expressed that if you the mother felt that I posed a threat to her child than why would she ask my roommate to ask me to come and get her children.
The victim in question resided at my residence on 14 November due to a family dispute. The mother of the victim called my roommate, Brittney Winkfield, and asks if I could come back and pick up her two children because her husband was threatening to shoot her in the head. I originally was at her residence to pick up my roommate to bring her to school that evening. I turned around and picked up the children because I felt regardless of our pending issues that doesnt mean the children should be in that environment. Especially, since they had nowhere else to go to in such a small timeframe. The victim and her brother stayed the night at my residence. I took pictures of them at my residence to help with my case (see attached pictures).
I also dropped the children off that morning before I went to work. The individual who pressed charges on me did not show up for court. I thought for sure the case would be dismissed. However, there was a continuance set for the 15th of December. Mr. Richmond told me they did have anything on me so they, the DA, asked for a continuance and I had nothing to worry about. I called Mr. Briley Richmond several times that evening and early night. He returned my call around ten oclock. I ask him why he didnt ask for a dismissal. Mr. Richmond said the DA was concerned about how high my breathalyzer test was and wanted to research the case further. I did not like his answer, but since I didnt know the law I figured it was ok.
On 15 December I showed up to court. Mr. Richmond was present but did not acknowledge me. I sat in the front of the court room adjacent to the victims parents. Mr. Richmond was in the back of the court room entertaining a young blond woman. After sitting in the courtroom for nearly two hours I received a text from Mr. Richmond stating that I did not have to be in court and he would take care of everything. We did not speak at all in person that day. I then receive a call from my roommate who informed me that he entered a plea of no contest. I did not authorize him to enter that plea on my behalf. I still wanted to plead not guilty for both charges.
I called him several times and he did not return my call until around 9 P.M. I asked him why he pleaded no contest instead of not guilty; he did not answer my question. He said, Well, we are going to appeal the case to have everything thrown out and I will get with you about the appeal paperwork to process it. I called Mr. Richmond several times before Christmas and did not get a response. I was a bit concerned because of the holidays and things (i.E., paperwork) get lost. I called him on 27 December and he said that he was on vacation, that he will have the paperwork, and not to worry we have time. I called Mr. Richmond several times thereafter on his cell phone. The answering machine was full and I was unable to leave a message. I did not hear from Mr. Richmond until 10 Jan.
Mr. Briley Richmond called me on 10 January about the appeal paperwork. He asked when and where was a good time to meet. I thought it was odd that we never once met in an office to conduct business. On 11 January at 1600, I met with Mr. Richmond in yet another parking lot located across from the Hard Rock Caf on Beach Blvd. He hands me two pieces of paper and tells me to go to the court house, bring this paperwork, and call the person who bonded you out the first time. I said ok, and asked him for directions on how to get to the court house. When I arrived home I saw the condition of the paperwork. The paperwork was incomplete and unprofessional (see attached paperwork and photo of original condition). I was also convicted on both charges. I was flabbergasted because I did not know I was convicted for both charges. I called him about the paperwork once again his voice mail was full and I did not receive a call back.
On 17 January I went to the County Court of Harrison County, Mississippi, Second Judicial District located on 730 Dr. Martin Luther King, Jr. Blvd, Biloxi, MS 39530. I presented the paperwork to the clerk and she explained to me that first my lawyer was suppose to file the paperwork within 30 days. She further explained after 30 day period has expired I can never try to motion for an appeal for this case again. I expressed to her that even with the holiday season it still applies and she replied, yes the 30 day period to file still applies. Second, she told me the paperwork he provided to me was not the proper paperwork required to file an appeal.
Finally, she expressed to me that there were fees up to $500 that was to paid before filing the appeal. Mr. Richmond did not tell me any of this. I called him the same day and told him what the clerk said about who is to file the paper and he said, That is ludicrous. Administrative paperwork can be handled by anyone. Either I or you can do it, it a simple process. I also asked him why he did not tell me about the 30 day filing period and the fees. He said, I thought you were going up there the same day since you asked for directions. I told him, No I had something else to do and I asked for the directions so I can go up there on Tuesday. I called the court house in DIberville, MS, and spoke with a clerk. She told me that your lawyer should have known that after the 30 day period it is almost impossible to file an appeal. I asked the clerk what I had to do. She said I had to come in and get a court date for payment arrangements on both charges which totaled approximately $1,800.
On 9 February I went to the City of DIberville court house and was ordered to pay $908.00 for the DUI 1st offense. This offense also includes an additional $170.00 in driving courses in order to get my license back for the state of Mississippi. The simple assault was postponed due to evidence that I presented, the same evidence I gave to Mr. Briley Richmond, to the DA concerning the case. The case was continued until 12 March. I texted Mr. Richmond and asked why he did not show up for the case. He called me three days later and said, He did not know about the court date, and then asked if this court case was for new charges or the same charges. I told him it was for the same case. He said, Ok. I said, Everything will be taken care and I will keep you posted. I once again have tried to get in contact with Mr. Richmond only to receive a voicemail and no returned phone calls. I have not tried to contact him since 16 February.
I believe I was misrepresented throughout the entire case from Mr. Briley Richmond. His lack of communication and work effort as described is below standards. I expected a much higher level of service from Mr. Richmond and I am quite disappointed. I will be informing my friends and family about this experience. Sincerely
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