Santa Ana, CA asked in DUI / DWI for California

Q: Been inquiring about the ability to reopen a case I plead guilty to 5 years ago. I was not11 guilty. Advised by P defend

to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.

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2 Lawyer Answers
Thomas M. Fleming
PREMIUM
Thomas M. Fleming
Answered
  • DUI & DWI Lawyer
  • Walnut Creek, CA
  • Licensed in California

A: I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however, the public defender will conflict out of the case, and you might have the court appoint private counsel for you (or the Alternate Defender's Office if your county has such an office). I wish you the very best with your situation!

Dale S. Gribow agrees with this answer

James R. Dickinson
James R. Dickinson
Answered
  • DUI & DWI Lawyer
  • San Bernardino, CA
  • Licensed in California

A: The passage of time will likely pose problems. That said, immediately speak with a local appellate attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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