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I need some advice, I have hired 2 different lawyers and have been offered a deal I don't think is fair, Im confused & terrified

Saint Petersburg, FL |

I have never been in trouble for anything and have spent the last 8 years being a single Mother, working full time, and going to school for several degrees and certificates. May major is criminal justice and I was recently in a very out of the ordinary situation in which I was arrested for a dui, suspended lisence, and no having my medication in the proper bottle. I was completly unaware that my lisence was suspended as it was for an unpaid seat belt ticket that I had totally forgotten about andI had just gotten a speeding ticket on my way back to florida just a few days prior and I was only driving across the street because the guy I was meeting there had been asked to leave the property and our rides had not arrived yet. I feel the deal being offered is outrageous and I don't know what t

Attorney Answers 3

Posted

Unless you've fired your lawyer, you should discuss this with him/her. DUI cases are hard to win as a criminal defendant, especially if you tested over the limit. There are ways to try to keep the evidence out or minimize it, but the odds are stacked against you. A charge of driving with a suspended license is hard to fight. Not realizing you were suspended is not generally a defense, especially where the state is going to be able to prove that you never paid the underlying ticket that led to the suspension. My guess (and it's only a guess) is that your lawyer is getting you the best deal the state will offer. The prosecutor is not going to give you much of a break if he/she feels confident he will win at trial. If you turn down the deal, you are left with defending the case at trial and presumably you will do much worse in terms of punishment if you are convicted. If you really believe that you are innocent and that you can prove it, you should talk to your lawyer about trying the case to verdict. Or you can always seek out another attorney if you think your current attorney is not representing you well. Good luck.

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Posted

There are two types of Driving Under Suspended License, one is with knowledge and one is without knowledge. Without knowledge is a civil infraction (moving violation), while with knowledge is a 1st degree misdemeonor. Proving knowledge is tricky for the Prosecution and too much detail for this response. It seems that your biggest problem is the DUI and what appears to be a felony possession of a controlled substance. Have you provided proof of your prescription? If you have then the felony should be dropped and that would be a good result. I am wondering what the offer is and can't tell what is so outrageous without knowing that. It is also difficult to assess without knowing the facts surrounding the DUI. One thing to remember, you always have the right to go to trial, you do not have to plead guilty. If you think your case has merit and you have confidence in your attorney, you should consider that right. Before you take a plea, the judge will always ask you "are you doing this freely and voluntarily", and he will ask if you understand what you are doing and if anyone is making you plead. You don't have to do something you don't want to do, unless the facts are so bad that you do not want to risk trial.

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Posted

I have turned in the prescription and as far as I can tell that will be taken care of. Part of the issue is that on the charges alone it looks bad and since that is all the court has to go on it is hard to get anyone to listen to the actual circumstances and I realize that they don't have to. I am trying to find any possible thing that I can try to help my situation. I have almost finished my criminal justice degree and psychology degree, I have finished my online investigation certification and have 96 credits towards the others so I am literally 6 credits from 3 more degrees, as a single mother I have worked my self really hard for many years to accomplish my goals and have volunteered to help other single mothers I have gotten 8 other single mothers enrolled, walked them through the testing, did financial aid FASFA enrollment and everything to try to give back something from my experiences. I take this approach with everything to pass my blessings along, I also have fostered 2 of my neices and things of that nature. I know non of that changes the fact that I made a bad choice but I would think it would be taken into consideration as this could destroy all of the work I have done. I had just driven here from up north where I had moved nt arguementa few months prior when my fiance' and I had an arguement in which he became violent and in front of my child and my sisters children my sister & I threw what we could fit into my vehicle and my daughter and I came back to Fl. I was stopped for speeding on my way and they gave me a ticket and sent me on my way so why would I think that my license was suspended. I was able to sleep at a friends house temp. but a lot of my stuff stayed in my vehicle which is why my medications were in it and not in correct bottles as my sister and I had just tried to stuff what ever where ever consolidating where we could, I was beside myself and had no idea what got packed and she was just hurrying and in her concern for me and my daughter didn't know what was packed either. About a week later he contacted me and was also in Fl he wanted to meet and discuss where to go rom there, belongings, bills, and what ever. We met at a public place where my friends were going to end up after they had dinner, he had arranged for his friend to pick him up. We had a couple drinks and talked for a while then he started acting strange and aggitated, walking around talking to people that didn't know him and just making people uncomfortable. The bartender asked him to leave, he continued to behave strange, the bartender then came to me and said he was sorry he knew I was just sitting there minding my business but I needed to get him out or he would be arrested. I called my friend that was picking me up and she said she would be there soon. I asked if we could wait in the parking lot he said no I needed to get him off the property, I could only get my x to leave if I said I would take him to the place I was staying, I didn't want to be alone with him so I said ok got him in my car and drove across the street where there was another establishment that we could go in and wait for our rides and I would be safe.as soon as I pulled into the plaza that was directly across the street from where we were I was pulled over. I couldnt believe it, I always have a friend pick me up, I don't drink n drive. I am a bartender and have worked so hard to get my criminal justice degree I dont take chances like that. So that is how that happened. I have put together letters fro people saying that I am an amazing person, my transcripts, a letter I wote telling them what happened and that I have not been near that person again since having learned that bad things happen when I am round him. I have removed every chaotic and negative influence from my life. I am now very happy in a home with my daughter and a wonderful man who has been an angel from heaven in getting me though this horrible experience and back to a normal stable life, we are starting a family business together and going to family ounceling for my daughter. I don't unders

Jennifer Marie Meksraitis

Jennifer Marie Meksraitis

Posted

I feel for you. I suggest you talk to your attorney about all of this. Other than that, you are welcome to contact me but I am not your attorney at this time. My office number is 813.600.3197.

Posted

I agree, you should discuss your concerns with your lawyer. Without more information, it is impossible to advise on this matter. Often times, clients do not agree with their lawyers. You should ask to set an appointment with your attorney and express your concerns. Get your questions answered. If you are unable to do so, I would consider interviewing other lawyers who may be able to better communicate with you regarding your questions and concerns. If you choose to do this, make sure to hire an attorney who is experienced in the area of criminal law. Best of luck.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

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