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Is It Possible To Plead Down A Dui Charge To Reckless Driving? No Evidence?
Someone Close To Me Has An Upcoming Trial For Dui And Some Other Charges E.G. Driving Too Fast For Conditions, Failing To Report An Accident. This Would Be His 3Rd Dui In 10 Years So We Are Trying To Avoid A Conviction Based On Lack Of Evidence:
--No One (Including Cops) Saw Him Behind The Wheel Of The Car Involved In The Accident.
--No Breathalyzer Or Blood Test Was Done.
--In The Police Report, The Officer Wrote That He &Quot;Felt&Quot; This Person Was Under The Influence.
--This Person Was Arrested At The Jail After Turning Himself In, Not The Scene Of The Crime.
The Burden Of Proof Is On The Prosecutor And I'M Not Sure They Could Convince Someone That He Was Driving While Intoxicated &Quot;Beyond A Reasonable Doubt.&Quot; He Could Be Covering For Someone, Or Maybe A Deer Ran Out Into The Road But He Didn'T Want The Owner Of The Car To Know About It And So He Panicked.
His Lawyer Does Not Seem To Want To Fight For Him. Is There Any Hope For Him If He Takes It To Trial And Presents His Own Defense?
Also, The Damages To Personal Property Were Paid For With A Check (Cash) So There Were No Entities Involved In Taking On Debt So That He Could Correct His Actions.
It's possible to plead down a DWI, difficult as heck ... but possible!
He needs a lawyer that specializes in DWI/DUI defense, and that actually wants to work for him. Sounds like he has neither at present. He should not try to present his own case, he will lose the case and get hit with a well deserved penalty.
He can't afford to have a lawyer that does not want to work for him on the case, even if that lawyer is provided at no cost.
As much as I hate drunk drivers, even a 3 time loser like this deserves the best defense that can be provided for him. He will probably be found guilty even with a top notch lawyer, but at least he will not be able to blame "ineffective counsel" for the loss.
California Dui Misdemeanor Or Felony?
I Head That In 1981 A Change In California Law , Which Became Effective 1/1/1982, Made All Arrests For Dui A Felony And There No Longer Was Such A Thing As Misdemeanor Dui In California... It This True. Did That Happen And/Or Was That Change Repealed Since.
In California a DUI can be charged as EITHER a midsdemeanor OR a Felony at the discretion of the office who is prosecuting the case.
A basic DUI with no past criminal record will usually be charged as a misdemeanor...
But prior DUI convictions, injuries to pasengers or others, or deaths as well as some other circumstances may elevate the DUI to a felony...
For more answers, visit www.lacd.com
Do I Need A Lawyer?????
I Am A Professional Massage Therapist And I Just Found Out That My Boss Has Been Posting An Ad For Me, Individually, On An &Quot;Adult&Quot; Site/Section Used For Escorts And Other Sexual Activity. Another Licensed Therapist I Work With Even Has Picture Of Someone Thats Not Her Put Up By Our Boss On An Ad! What Can We Do? Do I Need A Lawyer???
Quit your job.
Flag the ad - which will cause it to be removed.
Tell your boss that you do not want craigslist ads posted for your services in that section.
Do you need a lawyer? For WHAT exactly? He's not advertising a massage with a "happy" ending, right? He's not posting your pictures for anyone to see, right? He's simply trying to generate business. It's a bit sleazy but not illegal and certainly not anything that would interest a lawyer.
Personal Injury Attorney Not Releasing Funds From Settled Portion Of Our Case?
We Have Been Dealing With A Personal Injury Lawsuit For About Two Years. The Accident Occurred In Ca And We Reside In Another State, So We Are Dealing With Our Attorney All Long Distance. The Case Has Been Complicated, Mainly Due To An Inattentive Attorney From The Start, Whom We Fired. We Retained Our Current Attorney Not Too Long Ago And The Case Against The Defendants Insurance Company Has Been Resolved And Funds Have Been Sent To Our Attorney. Here Is Where It Becomes Tricky. The Funds For My Settlement Have Been Sent To Us, The Attorney Is Holding The Funds From My Husband'S Portion Of The Settlement Until A Settlement Is Reached With Our Insurance Company (The Defendant Was An Underinsured Driver, We Had Underisured Driver Coverage). Our Attorney Claims He Cannot Release These Funds Because He Will More Than Likely Need To Spend The Money On Litigating The Case Against Our Insurance Company..And It Just Does Not Make Sense To Me. In Our Eyes, The Case Against The Defendant Is Closed (And In The Courts Eyes) I Don'T See Why The Funds Cannot Be Released, But My Attorney Alleges This Is Normal Practice In Personal Injury Law. Anyone Have Any Experience With A Situation Similar To This? Thanks.
Obviously the attorney you're working with is working on a contingent fee basis rather than working on retainer.
As such, his cutting you a check for part of the settlement was actually rather accommodating on his part.
The way contingent fee contracts typically work is as follows: the client pays nothing, the attorney assumes the initial expense of the case as well as the risk involved should he not prevail. A running tally is kept of any fees (depositions, filing fees, record fees, process server fees, postage, long distance calls, copying fees etc.) as well as medical expenses if the attorney guarantees medical costs as the case progresses.
After the case is completely resolved, the attorney takes his cut (33 1/3 is fairly standard) and then deducts expenses from the client's portion of the award and cuts a check for the balance to send to the client.
Since litigation is continuing against one party in your suit, obviously he's not going to send you all the money until he knows what his expenses are going to be (and what his cut will be).
So yes, it's a very normal practice in personal injury law when dealing with contingent fee situations. As I'd said, I'm surprised he was willing to forward anything as many firms normally won't until the matter is fully resolved.
Now, had you gone out and retained an attorney (through a retainer fee up-front) you'd be absolutely correct in expecting to receive the full balance due to you of an award as soon as practical after your attorney received payment.
At this point, if you really want the money now, your best option would be to direct your attorney to end all legal actions being taken against your insurance company, but be aware that any expenses he's made on your behalf in the matter involving your insurance company would also be deducted from the remaining award before he'd cut you a check
What Is The Main Question In Cases Of Criminal Law? In Civil Law?
Can the prosecution prove beyond a reasonable doubt that the accused did every element of the crime in question?
Can the plaintiff prove by a preponderance of the evidence that the defendant caused the injury alleged?
Chances Of Beating An Assault Case Without A Lawyer?
I Know Two People That File Assault Charges Against Each Other. The First Person Pushed The Second Person And The Second Person Punched The First Person. The First Person Is Representing Herself Without Witnesses. The Second Person Has A Lawyer And Witnesses. What Will Likely Happen In Court?
If the other person has a lawyer AND witnesses, the first person has almost no chance of beating the charges without a lawyer.