Legal Question in Criminal Law in Georgia

i have an upcoming court motions date and i was told by the public defender that i need not be there as there are no motions to be heard. my case is a complicated one, involving a past history of dui charges, only 1 in 5 yrs, but i was driving on a hv license at he time. however there was not a breathaliser performed, wouldn,t it be in my best interest to attend this hearing as i was involved in a clinical drug study at the time of my arrest and attribute my confused state to the medication administered by the study doctor. I have a letter from the doctor, and a witness that will asure the judge i was on my way to work.


Asked on 1/07/11, 11:38 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

If your lawyer says you don't need to be there, then you don't need to be there. The information you describe might (or might not) be worth presenting at trial, but your trial is not going to take place on this particular date.

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Answered on 1/12/11, 11:46 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There are times to present (and not present) evidence, and you need to rely on your lawyer as to when you should (and should not).

If you feel that the public defender is overlooking something, ask him, but remember that hearing may not be the correct venue for your evidence.

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Answered on 1/12/11, 12:24 pm
Lawrence Lewis Lawrence Lewis, P.C.

Here we go: You don't trust your attorney (public defender), which is why you are posting questions to total strangers, who know nothing about your case. So, go to court and see exactly what your attorney is arguing on your behalf. You think the case is complicated, then go to court and see how the public defender presents thh case to the judge, if it is addressed at all in court. However, don't complain about sitting around all day in court, or the public defender not making time to talk to you, because they already told you, you don't need to appear. From experience, no case is as simple as clients say it is, and no case is as complicated as clients think it is.

Lawrence

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Answered on 1/12/11, 2:43 pm


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