My DUI case was dismissed then refilled. What should I do?

Asked over 1 year ago - Santa Fe, NM

I was recently arrested for 2nd DUI, open container, and careless driving. I hired an attorney and at the first pre-trial conference my case was dismissed with out prejudice because the DA failed to produce discovery with in 30 days. Four days after the case was dismissed, the DA refilled. My case is now again pending but my attorney wants to charge me again for representation. I do not know what to do, if I should rehire him or go with a pd for this is a huge financial burden. Is it also possible that the case could get dismissed again then refilled a second time?

Additional information

How many times can a case be refilled? Is there a limit?

Attorney answers (3)

  1. Stephen D Aarons

    Contributor Level 16

    Answered . Your lawyer can't charge more than thaw original fee agreement. It's one and same case

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  2. Pamela S. Fernandez

    Contributor Level 11


    Lawyers agree

    Answered . Immediately call and hire an attorney that practices in that county.

  3. JaPaula C Kemp


    Contributor Level 16

    Answered . Yes, the case can be refiled. I suggest you try to work out something with the lawyer you previously hired, if you felt the attorney did a good job and was well qualified. The attorney may give you a break on the fee since he has already worked on the case. A new lawyer will likely charge you more. My two cents.

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