Can we fire attny ask for retrial as we never got our day in court? Attny hired went to court once, arresting officer was no show. Attny never told us of new court/trial date, now sentencing is Tue 9/17 in Augusta GA. $650 fine, 24 hrs jail, 40 hrs Comm. Svc., Risk Reduction, 4 month lic suspension for a seemingly innocent mistake. Has taken meds for years with no bad effects until that night. All we said was no jury trial, but in turn we had no trial at all that we knew of till sentencing date. Attny keeps saying dashcam video is damning, I agree it was bad to her defense. Ambien was 1 drug, but NY Times article says it’s being misdosed since arrest: http://www.nytimes.com/2013/01/11/health/fda-requires-cuts-to-dosages-of-ambien-and-other-sleep-drugs.html?_r=1&)
DUI / DWI Attorney
The defense is related to INVOLUNTARY INTOXICATION. This defense is available, but likely only determinable by a trial. You attorney is the best source of his own research on the issue and his estimate of his ability to present this defense. Watch out for changing horses in mid-stream. Ultimately you choose which horse to ride...
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12 lawyers agree
If he did not have a trial and did not plea guilty, there should be no sentencing set. It may be set for a date to enter a plea. Get with the attorney and get some clarity about where the case stands right now. Ask to look at the video yourself and have a serious discussion about how to resolve, either a plea or a trial. Then either rely on the attorney's advice, or find one who's advice you can rely on.
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Criminal Defense Attorney
Retrial? You haven't had a trial. In fact, it doesn't even sound like anyone has pled guilty to anything. Your "day in court" is still yours if you want it, but if the dashcam video is "damning" you should probably listen to your attorney and do damage control.
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DUI / DWI Attorney
You can fire your attorney if you like, but it sounds like you would get better results if you met with your attorney to address these issues. Also, watch the video while you are with your attorney as it sounds like the video will give you a new perspective on the case. If your wife looks bad on the video, but you don't want a trial, you are not leaving your attorney with many options to work with. Again, I would meet with the attorney, review everything, and revise your game plan if necessary.
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7 lawyers agree
DUI / DWI Attorney
You do not have to accept the plea even if you are scheduled to a sentencing date. If you've had no trial, then you can not be convicted unless your wife pleas guilty. Yes, you can seek other counsel in this matter, they can file an entry of appearance and contact the court/prosecutor on your behalf.
4 lawyers agree