I got arrested for DWI in NYC. can I fire my court appointed lawyer and represent myself? is it a good idea?
Thursday, February 4th, 2010 at
3:52 pm
richie asked:
I blew a .142 …this is my first trouble with the law.
I have been to court four times since my arraignment. my court appointed lawyer only showed up twice out of those four times (the other two times she had someone cover). One of the times she did show up she did not file whatever it was she supposed to file in time- neither the court nor the DA recieved the papers and it was adjourned yet again. She has me holding out for a plea bargain… we are hoping to be offered a charge of driving while impaired. when she did show up she never began any discussion with the DA or judge about a plea. I think she is incompetent and I am considering firing her and representing myself. I believe doing so will allow me to speak directly to the DA. Also, I was thinking that perhaps the prospect of going forward with a case when the defendant was representing themself would be such a headache for the DA that they would have extra incentive to offer a deal. Any informed opinions?
I blew a .142 …this is my first trouble with the law.
I have been to court four times since my arraignment. my court appointed lawyer only showed up twice out of those four times (the other two times she had someone cover). One of the times she did show up she did not file whatever it was she supposed to file in time- neither the court nor the DA recieved the papers and it was adjourned yet again. She has me holding out for a plea bargain… we are hoping to be offered a charge of driving while impaired. when she did show up she never began any discussion with the DA or judge about a plea. I think she is incompetent and I am considering firing her and representing myself. I believe doing so will allow me to speak directly to the DA. Also, I was thinking that perhaps the prospect of going forward with a case when the defendant was representing themself would be such a headache for the DA that they would have extra incentive to offer a deal. Any informed opinions?
Tagged with: Arraignment • Dwi • Headache • Trouble With The Law
Filed under: dwi attorney
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12 comments
there is a wise old saying: A man who represents himself, has a fool for a client….
I think it was Abe Lincon who said the lawyer who represents himself has a fool for a client.
The point being that even lawyers are supposed to be smart enough to know that representing yourself is just a stupid idea.
The DA has no motivation to offer you a deal. Sound like they have you dead to rights. The attorney that represents you cannot work miracles. They are stuck with the facts of the case. If you fire them you will simply solidify the DA further. They will know that the trial is a lock if you are representing yourself. The only hope you have would be based on technicalities best dealt with by an expert in law.
Remember the saying The man that represents himself has a fool for a client
Approach the court and request a new attorney. Just remember the old saying: a man who represents himself in court has a fool for an attorney.
Yes you can but in your case you should still hire a different lawyer.
A man that represents himself..has a fool for a client..
If your choices are this lawyer or representing yourself, for heaven’s sake keep the lawyer. Firing the lawyer shows very poor judgment if represent yourself. With a .14, you are already developing a reputation in that court for poor judgment, probably. Let your lawyer know your specific concern, but realize that .14 is WAAAAYYYY drunk! You are lucky to be alive. On the other hand, with a .14, we would all be a lot safer if you went to prison… this is a personal opinion and not legal advice.
If you represent yourself the DA won’t offer you a plea deal. They would walk all over you. They aren’t on your side, nor do they want to be. You’re a fool if you think a judge or the DA would be nicer to you if you represent yourself. If you blew a 0.142, that’s an easy conviction and a pretyy open and shut case, so the DA has nothing to lose and you aren’t a lawyer trained in highly complex legal procedures. A lawyer could file many pre-trial motions for you that you wouldn’t even know about depending on the exact circumstances of the incident. Demurrers, motions to suppress, motions in limine, subpoenas for experts, etc. You’re better of with her than no lawyer at all.
IF you represent yourself, it will be you who suffers. Th eDA’s frustration is that because you dont know the law, you file incorrectly, you dont follow procedure propoerly, supply the proper info…etc and it gets frustratng, but in the end it will help us because of you lack of knowledge. THe law, its procedure are all very difficult and you need a lawyer to help you. I would ask the court to appoint you a new lawyer because you feel that you have ineffectie counsel, but that has a high threshold that you would need to prove.
If you represent yourself, the easiest way to go is to plead guilty. you blew a .142, they have you, i cant possibly see why any DA in their right mind would offer a plea bargain when they got you.
Do us all a favor, and dont ever drink and drive….if you want to kill yourself, thats on you, but think about the other sober drivers with families that you are putting at risk.
You can fire your public defender and you do not have to represent yourself. Just go to the court and ask to be appointed a different lawyer. BUT you will have to pay for both lawyers. In NH that means $1200 rather than the $650 they charge for one public defender.
It doesn’t really sound like you have much of a case. Maybe you need to accept that you are going to be found guilty since you blew a .142 How do you expect anyone to fight that?
Don’t break the law then try to find ways to get out of paying for what you have done. Stand up and say Yes your honor I made a mistake and hope that he will give you credit for taking responsibility for your actions.
Were you drinking when you wrote this question?? If you represent yourself in a case like this, not only will the DA not plea bargain or allow you to play any legal games, you will probably wind up getting the max from the judge.
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