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I was recently arrested for 3rd DWI felony. What are my options?

Fort Worth, TX |

I was arrested making this a felony DWI . I applied for and was rejected for the FAIP program for not having a long enough criminal history . I have no other arrests or charges other than the 3 DWI . What are my options ? Please Help !

Also, I have an attorney working Pro Bono but she has not had a lot of experience as a defense attorney. In fact, she used to be a prosecuting attorney and I feel she still has that mind set. I am broke and feeling helpless at this point. If anyone can shed some light and give me advice, I would very much appreciate it. Thank You!

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Attorney answers 6

Posted

You are facing very serious charges. I suggest contacting a local DUI defense lawyer so they can go over your specific facts and possible defenses to the third DWI accusations. Here is a link to local dui defense counsel:

http://ncdd.com/duiattorneydirectory-Texas.php

Posted

As you know a third DWI can be prosecuted as a third degree felony. When faced with a serious charge that carries up to 10 years in prison, you need an experienced DWI lawyer. Do whatever it takes to hire.
Austin DWI Lawyer
512-495-1813
www.austincriminaldefenseattorney.com

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

Posted

You have an attorney, you should ask her what your options are. It doesn't sound like you have a lot of confidence in your current attorney. Trust is an important part of the attorney-client relationship.

If you are concerned about your current lawyer you should immediately schedule some consultations with other local DWI lawyers. If you are found guilty, you will be a convicted felon forever. Some things are worth the cost, and a defense lawyer for a felony charge is one of those things.

Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.

Posted

A third DWI can be prosecuted as a felony in Texas. You need an experienced DWI defense lawyer on your side. Talk to you attorney. If he or she is not experienced or comfortable handling the felony DWI case, call our experienced Galveston County DWI Defense Lawyers today. (409) 740-1111. www.GalvestonJustice.com/DWI

Posted

You can ask for a court appointed attorney or see if an experienced DWI attorney will take payments. If you do not have a breath or blood test in your case you may have a great shot at winning your case at trial. If not, then work hard to get the State to agree to a term of probation. But you better find a job quick because probation isn't cheap.

Posted

The courts will most likely view it as a sign of a serious drinking problem. A third degree felony DWI could lead to a $10,000 fine, two to ten years in prison, and a 180 day to two year license suspension. There are also administrative penalties. Additionally, if this is a matter of addiction to alcohol for you, you may wish to look at what you can personally do to address the underlying problem. With all due respect and no offense meant, it is hard to get a third DWI charge. While we are here to provide information in response to your question, on a personal level I would also hope that we all would agree that if there is an issue with alcohol that you take the time to address this as well. The ramifications of such an addiction can be devastating to your health and personal life. I know that taking such action can be hard, but the benefits are worth it. It may also help to show the court and the Assistant District Attorney that you are worthy of another chance, should this be a case that you need to plea. There are also concerns and questions raised by the fact that you were rejected from Tarrant County's Felony Alcohol Intervention Program. The program has been going on for six years and from what I know is widely considered a successful alternative to the normal penalties. As I do not know the facts of this case, I highly suggest that you find time to sit down and talk to your "court appointed former prosecutor" defense attorney and express your fears and concerns. However, if you have LEGITIMATE reasons for why you feel that you cannot trust her, you may need to look at replacing her. This could mean that you would have to figure out a way to hire an attorney. I sincerely wish you the best of luck in your case and life.

The information provided above, by Mr. Defreitas, is for informational purposes only and does not constitute legal advice or the establishment of an attorney-client relationship. Mr. Defreitas does not offer, nor imply that he intends to offer, legal advice or counseling to any individual or organization by providing this information. The information provided above, by Mr. Defreitas, is provided on an "as-is" basis without warranties of any kind either express or implied. Mr. Defreitas makes no warranties or representations of any kind concerning any information contained in this website. You should not rely or act upon any information contained herein for any purpose without seeking legal advice from a duly licensed attorney competent to practice law in your jurisdiction.

Achmed Mirari Defreitas

Achmed Mirari Defreitas

Posted

Some how the first part got cut off, here it is: In stating that you have an attorney working pro-bono, I am assuming you mean that you already have a court appointed attorney. If the Court appointed attorney is a former prosecutor that is not necessarily a bad thing. She should then have a lot of experience and also be a familiar face in the court room. As you are aware by now, the Court is going to treat your third DWI very seriously. Not just because it is felony, but also because of their concerns regarding recidivism. The courts will most likely view it as a sign of a serious drinking problem. A third degree felony DWI could lead to a $10,000 fine, two to ten years in prison, and a 180 day to two year license suspension. There are also administrative penalties. Additionally, if this is a matter of addiction to alcohol for you, you may wish to look at what you can personally do to address the underlying problem. With all due respect and no offense meant, it is hard to get a third DWI charge. While we are here to provide information in response to your question, on a personal level I would also hope that we all would agree that if there is an issue with alcohol that you take the time to address this as well. The ramifications of such an addiction can be devastating to your health and personal life. I know that taking such action can be hard, but the benefits are worth it. It may also help to show the court and the Assistant District Attorney that you are worthy of another chance, should this be a case that you need to plea. There are also concerns and questions raised by the fact that you were rejected from Tarrant County's Felony Alcohol Intervention Program. The program has been going on for six years and from what I know is widely considered a successful alternative to the normal penalties. As I do not know the facts of this case, I highly suggest that you find time to sit down and talk to your "court appointed former prosecutor" defense attorney and express your fears and concerns. However, if you have LEGITIMATE reasons for why you feel that you cannot trust her, you may need to look at replacing her. This could mean that you would have to figure out a way to hire an attorney. I sincerely wish you the best of luck in your case and life.