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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

  1. 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.

  2. 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.

  3. 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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