Tough Times Call For Tough Representation

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As a Lawyer it was Embarassing to Watch

On Behalf of | Aug 19, 2016 | Criminal Defense |

Whatever your profession, when someone screws up or is incompetent, it is embarrassing to watch.  You feel like the “civilians” think we are all like that.  Today a lawyer asked a judge before a guilty plea in a DUI to defer sentencing for a few months so the client could start treatment.  The judge advised he does not do that and that they would deal with the lack of treatment at sentencing.  The lawyer then withdrew the guilty plea and asked for a jury trial.  HOWEVER, the client was not charged with DUI, but DWI so he was not entitled to a jury trial.  Even the judge and prosecutor squirmed as they looked to see if any of the charges allowed for a jury trial (penalty must exceed 90 days).

When the judge and the prosecutor could not find that offense, as the lawyer watched the two of them go through the charging documents, he shrugged and said we plead guilty. I left at that point. I spoke to the public defender who was also watching this unfold and she said she felt so embarrassed sitting there. The prosecutor emailed me and told me the defendant went to jail and when released he will be on probation. The lawyer did not even ask for an appeal bond so the guy will not get out if he files an appeal. You may get a letter from this guy so be careful who you retain.