I've practiced criminal law for fifteen years, including three years as a prosecutor, and I have never seen an unrepresented individual negotiate a reduction in their DUI to a Reckless Driving. If you think you can navigate the criminal process without a lawyer, I'm afraid you don't know what you're dealing with. Refusing a breath test does not, in and of itself, mean you'll have your case reduced. The facts of your case and the evidence available to the State will play a role in the...
I have edited your practice area to include Personal Injury and Car Accident Cases so that you'll have a better shot at getting PI lawyer to look over your question. If your lawyer fails to communicate with you, you can always have someone else take on your case but your current lawyer may have a right to file a lien against your proceeds for his or her efforts and costs to date.
Best of luck!
I agree that focusing on worst case scenario isn't all that instructive, but to answer your question, the worst case on the DMV side is losing your license for 12 months & in court it's a criminal conviction, jail of up to 6 months & a financial impact of over $10,000 over the course of the next few years.
I believe you're referring to the calculation of sentencing points on a sentencing guidelines score sheet. The answer is no, their points will not come into play on a misdemeanor DUI. That said, you can be certain that the State will take into account any & all prior offenses when they make a plea offer. The fact that you may have successfully served your sentence on a case doesn't mean it's no longer relevant to the State or the judge when it comes time to impose a sentence.
Yes, you can ask the court appoint you a PD for the VOP. You'll need to fill out an affidavit of insolvency and the court will make a determination whether you qualify for the appointment of the PD.
Best of luck!
Unfortunately, it's difficult if not impossible to go back two years and convert an adjudication of guilt to a withhold of adjudication. The general rules that apply to these matters allow you to withdraw your plea under certain circumstances within thirty (30) days from the date of the entry of your plea and sixty (60) days from the date of your sentencing to ask the court to modify it. Going back two years later is not likely to be well received. That said, I have seen it done where the...
I recommend that you proactively address this issue & not wait until you are violated to see what the judge will do. Hire a lawyer to file a motion with the court to have your community service converted into a fine. In many cases, the courts will allow you to buy out community service at a rate of $10/hour. To give you the best chance of success, I suggest you have medical documentation at the ready for your lawyer to include along with their motion.
If you know it's only a matter of time before you're charged, I recommend you retain counsel so you can begin game-planning your case. Depending on the facts & circumstances surrounding your case, you may need to act quickly to secure and/or preserve evidence and information which will assist you in your defense.
We have State Attorneys in Florida, not District Attorneys. That said, they have the discretion to drop charges before Arraignment, at Arraignment or any time they choose, including in the middle of trial. If you have a good case that may be dismissed by the State, I suggest you hire a good lawyer to assist you with ensuring that it happens as soon as possible, to avoid putting you through more stress and aggravation with your case.
Best of luck!
If the charges are presently pending, you need to retain an experienced criminal defense lawyer to represent you in this matter. It is critical that you protect your rights and preserve your defenses, not only to avoid any pitfalls with the criminal charges, but also to protect yourself from any possible immigration consequences. Is the case still open, or have you already entered a plea to the charges?