Legal Question in DUI Law in California

Hired DUI attorney 5/14/13 to withdraw my 4/29/13 guilty plea. Attorney should have submitted the motion by now; he has told me on two other occasions he was going to file the motion but something always comes up. Now he won't return phone calls or send me copies of anything filed on my behalf. Asked (verbally and in writing) for copy of blood test results (which was missing from my court file), but I have not received any response. I borrowed money to hire attorney, no other resources to hire another without a refunded from this atty. I fired him once but he talked me into staying on with him. I can't drive, can't get a restricted license, I didn't enroll in the 1st offense class by the due because I was under the impression this would all be cleared up by now. In order for me to get a restricted license, I would have to go back to court to get new referral. HELP! What do you advise, I don't want to create bigger mess than I already have. I have no one to help me figure out an action plan (my husband and parents died recently).

Asked on 8/30/13, 11:14 am

3 Answers from Attorneys

John Laurie Gertz and Laurie

I would suggest another attorney and let them help you with the plea issue and dealing with this attorney.

818 345-0123

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Answered on 8/31/13, 12:50 pm


Act quickly. Motions to withdraw a plea are more often granted when they are filed quickly after the plea... the longer you wait, the more likely the court will say NO.

You obviously need a new attorney.

Private attorneys dont work for free.

You can only get a public defender appointed to an active case. Perhaps you have a warrant if you failed to turn in proof on time. If so, you might be able to go to court on the warrant and have the public defender appoited to your case. This is dangerous because of the warrant. You could get taken into custody if that is the situation.

My advice is to find a private attorney you can afford. Often new lawyers will have lower fees because they are just starting out. Go online, and just keep calling around until you find someone affordable.

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Answered on 9/03/13, 2:01 pm
Terry A. Nelson Nelson & Lawless

The only advice anyone can intelligently offer is for you to hire new counsel to take over, asap. If you have no money to do so, go talk to the Public Defenders office.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 9/04/13, 11:49 am

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