Legal Question in DUI Law in California

I just had a judgement on a DUI case. I have found that my attorney did not address my concerns, written, regarding probation violation. I clearly have written confirmation that I ask him about this but he never addressed it and didn't tell the judge that I asked my attorney to discuss this with the DA prior to my judgement. Can this case be re-opened and present this evidence to have the POV removed as well as the additional penalties ( more house arrest time was added). Thank you.

Asked on 1/19/18, 5:25 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If by judgment you mean you went all the way to trial, were convicted and sentenced, then your wishes, requests and concerns were of no importance to the judge's sentencing orders.

If, instead as we assume, you mean you entered a plea bargain, then you were obligated complete a 'tahl' form that listed all the terms and penalties you were going to be sentenced to, and you had to not only sign it, but then acknowledge to the judge you agreed to all those terms. You don't now get a do-over because you didn't understand what you agreed to, or because your attorney didn't argue what you wanted him to in negotiations before that plea. If you disagreed with the sentencing terms on the 'tahl' form, you shouldn't have agreed to them. Plus, keep in mind that the judge has the final say in what he sentences you to once you plead 'guilty'. AND, the DA did not have to agree to your wishes in what he offers as that plea bargain. You lost control of your life when you were arrested, except for being able to reject any plea bargain offered if you were willing to risk trial.

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Answered on 1/19/18, 4:21 pm

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