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If I was already sentenced is there anything I can do to change the sentencing?

Terre Haute, IN |

I was given a DUI for having marijuana in my system while driving. I was originally pulled over for rolling through the stop sign, cop said he smelled weed in my car, so and so forth. Had to sit in jail. Got a court date. Got sentenced to 40 hours comm service and Evaluation @ A&D. Is there anything I can do to get this dismissed or something? I really wasn't intoxicated while driving and I think having to through the whole jailing process was enough time wasted for all of this. I don't want to make it sound like money is an issue but I have no plans on paying them the amounts I owe in court costs.. It's like throwing money away. What are my options and best outcome of the situation?

Attorney Answers 5


  1. Did you have an attorney? If so talk to him/her about a Post Conviction motion. If you didn't have an Attorney that was a mistake and talk to one right away as there are deadlines involved. If you didn't feel you did anything wrong or didn't like the plea then way did you accept it? It seems you made some mistakes and now plan on compounding those mistakes by stating you are not going to pay the court costs. I hope you understand that if you don't complete all the terms, including payment of costs, the court can take action against you including but not limited to putting you in prison for any suspended jail time pursuant to the plea.


  2. Talk to your attorney about withdrawing your plea and setting the matter for trial. As a general matter, it is difficult to do. Buyer's remorse is generally not a reason.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  3. Even though you feel like you were unfairly sentenced, it would be wise to talk with an attorney before you stop paying court costs or fees.

    Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.


  4. You can hire a private attorney to file a motion to reconsider sentence if the applicable time-frame has not passed. Your time to get it "dismissed" was before the time you apparently plead guilty.

    However, I don't think you quite understand the situation that you in. Payment of court costs is not a voluntary act. If you don't pay them, they can issue a warrant for your arrest. There's nothing quite as embarrassing as being at work and having a few deputies round you up in front of all of your co-workers.

    You may want to reconsider your strategy of not paying the Court. What tends to happen is those who refuse to pay are continually arrested. Every time they are arrested, Sheriff's fees are added on. Years down the road, they are still being arrested, they've paid three times what they originally owed, AND they still owe twice what they originally owed. (In other words, what was once a small fine has ballooned into 5x+ what was originally owed).

    WARNING: This post does not constitute legal advice. It is for INFORMATIONAL PURPOSES ONLY, and should not be relied upon. The poster is highly encouraged to seek private counsel if they have any questions.


  5. First of all, you need not be intoxicated to be convicted of operating a vehicle with even the tiniest amount of a controlled substance in your system. Whether you did anything wrong is irrelevant if what you did was illegal. The drug laws may be stupid, but they are still the law (for now).

    Second, your sentence does not seem excessive under the circumstances, and if you are able to withdraw your guilty plea (doubtful), you are unlikely to get a better offer from the prosecutor. Thus, you would probably have to go to trial, risking a considerably more severe punishment.

    You should contact an attorney who practices in that court consistently, and ask him or her for a consultation.

    Requesting, receiving, or accessing general information on Avvo or other web sites does not create an attorney-client relationship. If you wish to have Paul Stanko review specific questions on which you need legal advice, you may contact him by telephone (888-778-2656), email (indianadui@yahoo.com), or you may go to his web site: http://www.south-bend-drunk-driving-dui-lawyer-paul-stanko.com/. Unless Paul Stanko reviews your specific situation and takes you on as a client, no attorney-client relationship is created. Paul Stanko is licensed to practice in Indiana only.

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