what if you had an attorney and paid him in full and it was pretty much accepted by the pretrial judge and the arresting officer that i could go for getting into the ard program, only after i submitted for it and started alcohol therapy counseling towards ard , I THEN got a letter stating I was refused ard due to my high BAC level, which was not mentioned as something that would stop me from getting the ard. The lawyer also said he would help me keep my license. NOW I AM TOLD I HAVE TO START ALL OVER AGAIN AND PAY MY LAWYER AGAIN AND I CAN'T (sorry for the caps). i applied for public defender awaiting approval. i am out of work at this time. Its been 2 years since my arrest for DUI and my next court date is the end of june. I honestly have no idea what to do! I have not been in trouble s
I agree with the first two Attorney's that you should look to your written fee agreement with your existing attorney.
Montgomery County ARD program is working on some of their own issues right now, and I suggest that either your old attorney, or a new one if appropriate should file a request for reconsideration. You should do this as quickly as possible.
Paul A. Bauer, III
This is a very difficult question to answer because it depends on what you and your lawyer agreed upon in the contract for your representation 2 years ago.
If you feel that he or she has not adequately represented you, you should let him or her know of your dissatisfaction.
If you were misadvised that you qualified for ARD, when you did not due to a high BAC level, you should have recourse with that lawyer.
Not knowing all the facts of your situation makes it difficult to give you a knowledgable response.
I advise you to contact your lawyer and if he or she is not responsive, to contact the bar association.
This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it legal advice, nor does it create an attorney-client relationship with anyone reading it. Linda Callahan Callahan Law www.dui-defender.net 877DUIAnswer
If you were denied ARD then you have to either try the case or plead guilty. I suspect that the lawyer was retained for ARD but you should look at the fee agreement that you should have. If you do not have a copy, call the lawyer and ask him to provide a signed copy.
Either way, you need to get a lawyer to help you because you are facing mandatory jail time.
Ellis Klein, Esquire
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