Alcohol & Drugs: DUI, DWI 4th DUI

[ikkin]

I have a question about the advice a lawyer who I may hire has given me. He is suggesting that we appear at the arraignment to see if we can have my case settled quickly based on the fact that my charges were filed erroneously as a misdemeanor and hope that it just slides through that way.

The possible outcomes of doing that could mean that if the prosecution and the judge decided to go ahead and hear the case without possibly having all the background on me, I would be sentenced right then and there and be taken to jail for however long they throw me in for. Or, they could say they aren't ready to hear the case because they don't have all the records they need on me at that point. If that happens, the court date would be set for a later date and I would have to come back to defend myself on a felony charge.

This lawyer also told me that there is a possibility that the cops might even come back after me and put me in jail again since there was a mistake as to the way my charges were filed and I will then have to bail myself out again on a felony charge.

What I'm wondering is, if I go about things this way, what is the purpose in paying a lawyer if I'm just going to go into court and plead guilty and let them take me to jail? Is it even necessary to hire this guy if I'm possibly going to go straight to jail at the arraignment? And is there anything he can do for me at the arraignment to help lessen the sentence if we approach it this way?

 

[jharris352]

Going to your 4th DUI alone would be insane. I like his thoughts, but you are using his advice, PAY HIM. Stop being cheap with the only guy who may keep you out of a very long sentence. AA man, AA.

 

[ikkin]

I see what you are saying. Thank you for your advice and for replying. Did you add the AA thing meaning..."Get my A double S to AA meetings?"

 

[jharris352]

You said it better than me. I appreciate the fact that you understand you have a problem. Good luck man.

 

[raskalnikov]

AA, maybe even rehab. . .

Thing is, is this your 4th DUI and they are all in Florida? Some people think they have a felony, when they don't, due to what is something like a loophole. In a lot of places, State's done recognize the DUIs of other States, hence, people who think they are up for a felony get a misdemeanor charge.

What was your BAC?

 

[raskalnikov]

Also, sometimes DUIs have a time limit. Like, if you haven't had one in 7 years, then it'll be charged as your first. ETc. many States are getting harsher on this, though. . . and it does vary greatly by State.

 

[ikkin]

I appreciate your honesty and your straight-forwardness. Can I ask you one more thing? Is there anything this lawyer can say or do for me at the arraignment before my sentence has been handed down like ask if I can be considered for in-patient treatment/rehab at some point? Or is going to an arraignment not the forum to try and ask for anything like that?

 

[jharris352]

You are very perceptive. Arraignment has only 3 purposes: 1) To read the official charges to you. 2) To solicit your plea. 3) To ascertain if you need to apply for a court appointed attorney.

Your attorney will be able to talk to the prosecution and start the process of plea bargaining. It is possible the attorney can have a deal lined up for you at arraignment. You definitely need him/her. Good luck. Try hard to control this problem. I would hate for you to be back facing a Vehicular manslaughter charge.

 

[raskalnikov]

Sometimes instead of time in jail, a Judge will let you spend time in rehab "day for day."

 

[ikkin]

Thank you to both of you who replied. I greatly appreciate your wise words, tips and overall input. JHarris352, you've helped me make my decision to quit floundering and jump on this window of possible opportunity and realize the lawyer who I was unsure about is the one I should be sure of. I am going to hire him and start praying, hoping for the best and looking forward tocoming out of all of this a better, healthier person...mentally, physically and spiritually in the end. Raskalnikov, I don't know if they are going to go for the rehab deal, but I do know I need help (I've needed it for a long, long time) and would be grateful beyond words if that becomes an agreed upon ruling for me. Thank you again..both of you. You've been bery kind to help me.

 

[ikkin]

bery and very. haha! Well...thank GOD I can still smile/laugh about a few things.

 

[jharris352]

Yes I got your double entendre. Good luck man. If you sneak this through as a misdemeanor you are the luckiest guy in the world.