My lawyer says they are only offering a "wet" I refused it, and rather go to trial. If I go to trial can I hire a new lawyer even tho they didn't do the plea barging? Is there a such thing hiring a lawyer for trial. I don't feel like my lawyer is giving my case enough attention he never returns my calls, so I'm Kind of skeptical on investing more money and pay him for a trial. He works alone so I understand he has lots of case loads.
You can change attorneys at any point and it is ultimately your decision whether to go to trial or accept a plea deal. Changing attorneys prior to trial will almost certainly delay matters a little as the new attorney will require time to prepare and may find things not done that he or she feels is essential to your defense.
Before spending your money on a new lawyer, though, it might be a good idea to discuss your case with a few attorneys. I'd be happy to talk with you and offer a free consultation. The central question is, of course, why is your attorney recommending a plea and why do you feel strongly, as you obviously do, that your case should be tried? This cannot be answered without knowing more and you should not post facts on a public forum.
I presume you are aware that .08% BAC is merely the limit at or over which you are presumed to be DUI and you can still potentially be convicted of a DUI with a BAC below .08% if additional evidence of impaired driving is present. And that if you are convicted at trial of a "wet reckless", the penalty is the same as that for a DUI as the usual "wet" plea requires an amendment to allege violation of another code section? I have no idea if these factors are involved in your divergence of opinion with your lawyer but mention them because they are often not fully understood.
Call me - I'd be happy to give you an opinion as to your chances of prevailing at trial. 213-324-4206.
You can absolutely hire substitute counsel if you're not happy with your current representation. Call around and get a feel for several attorneys and hire someone you are comfortable with. Most attorneys offer free consultations and are happy to discuss the case with you.
Nicholas M. Loncar, Esq.
t. 323.803.4352 | f. 323.617.3838
Sunset Law Building | 1295 W. Sunset Blvd
Los Angeles, CA | 90026
I agree with the previous answers, however, if you wait too long and your new attorney tries to substitute in on the date of your trial the court may not allow him to do so unless he says he is ready to try the case that day. This is usually not a problem, particularly in our overcrowded court system these days, but it does arise from time to time. If you want to change attorneys do so as early as possible.
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