I was in a horrible car accident in August of 2016. I was never arrested nor ever given any type of notification that I would be arrested or have to appear in court. On January 1, 2018 my Sister called in a welfare check after she could not get a hold of me (I turned off my phones). Upon arriving at my home they found I had three felony charges against me and arrested me. I was held for approximately 8 hours until my Husband bailed me out. I have been to four pre-preliminary hearings and just recently a preliminary hearing where I did not know I would have to face witnesses, I have not received full discovery and I have asked numerous questions of my Public Defender to which I have received no responses.
I found that there was a Notice to Defendant/Proof of Service dated 09/13/16. The “filing” date on the court’s website is 10/03/16. Should this be cause for all the charges to be dropped?
Simple answer--without all discovery in the case, and other information, probably not. Public defenders are good criminal defense attorneys who have way too many cases to concentrate on each one the way you would like them to. You must either continue with what you have or will have to spend money to hire a private criminal defense attorney to represent you.
Why would the case be dismissed?
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
By your own admission it was a "horrible car accident", so why would charges be dismissed? Felony DUI charges are no small matter and looking for some technicality is not going to make this go away. If you had the money to bail out, seems you should be able to hire a private attorney. But it sounds like the PD is your only option so you best get along with him or her. By they way, you are NOT entitled to receive any discovery if the attorney decides not to give it to you and there is case law supporting that position. The attorney is the captain of the ship and you are just a passenger, as a trial judge once put it. The attorney gets to make all the major decisions in a case. As for your numerous questions, you could always talk to their supervisor. And it sounds like your were notified of the charges on 9.13.16 which is why there was a warrant for your arrest.
The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline