Innocent until proven guilty??? Please help!!!

[jbeacom316]

I am asking for any help with a serious problem I have encountered. I am a resident of the state of Texas but back in Dec. of 2007 I was cited for a DUI and failure to stop at a stop sign in Corning, New York. I was working there at the time and hired a lawyer to contest the charges. After meeting with my attorney he established that we may be able to have the case thrown out or at the least dropped to a wreckless driving due to lack of evidence. I attended court a total of four times each time my attorney asked for a extension because he was working with the DA for a deal. I never entered a plea or even had a deal in place. All this was taking alot of time and I had to leave NY. My lawyer said we could finish everything through correspondence being that I was 3000 miles away. After that I never heard anything else about it. I exhausted myself attempting to contact my attorney I had to leave him at least 600 messages. Never heard from him again or the court. Until a month ago I received a letter from the TDPS stating that my DL was being suspended for 90 days for a bench warrant issued from Corning, NY for a failure to appear on the DUI/ stop sign charges. I called the court immeadiately and they stated I was to appear in May of 08' which I never recieved any notification of this at all. The worse thing of all this is that for some reason my Texas Driving record is showing a CONVICTION of a DUI. I recently was denied a job for this. How can I bee convicted without even been tried? Any help would be appreciated. I'm desperate and out of work. PLEASE HELPWhat is the name of your state (only U.S. law)?

 

[Zigner]

I am asking for any help with a serious problem I have encountered. I am a resident of the state of Texas but back in Dec. of 2007 I was cited for a DUI and failure to stop at a stop sign in Corning, New York. I was working there at the time and hired a lawyer to contest the charges. After meeting with my attorney he established that we may be able to have the case thrown out or at the least dropped to a wreckless driving due to lack of evidence. I attended court a total of four times each time my attorney asked for a extension because he was working with the DA for a deal. I never entered a plea or even had a deal in place. All this was taking alot of time and I had to leave NY. My lawyer said we could finish everything through correspondence being that I was 3000 miles away. After that I never heard anything else about it. I exhausted myself attempting to contact my attorney I had to leave him at least 600 messages. Never heard from him again or the court. Until a month ago I received a letter from the TDPS stating that my DL was being suspended for 90 days for a bench warrant issued from Corning, NY for a failure to appear on the DUI/ stop sign charges. I called the court immeadiately and they stated I was to appear in May of 08' which I never recieved any notification of this at all. The worse thing of all this is that for some reason my Texas Driving record is showing a CONVICTION of a DUI. I recently was denied a job for this. How can I bee convicted without even been tried? Any help would be appreciated. I'm desperate and out of work. PLEASE HELPWhat is the name of your state (only U.S. law)?

Because of this:

failure to appear on the DUI/ stop sign charges

And this:

I was to appear in May of 08

Somewhere between message 30 and 300, you should have contacted the court directly...

 

[SIN EATER]

They couldn't convict you - that entry appears to be an error from state to state. (Unless your attorney told the court that he was authorized to enter a plea on your behalf - but that usually requires a plea signed by you & notarized for a court to accept).

The court would have issued a warrant for your arrest when you didn't appear. The charges still remain for you to answer by taking to trial by jury or by Judge or by plea bargain, if the Prosecutor will offer a plea bargain. [They probably have added a charge of failure to appear, also]

Unfortunately, you have to return to the NY court & unravel this (be prepared to be taken into custody; good idea to have someone with you so your car & valuables go home or they can bail you out).

Try calling the criminal court clerk & ask her/him for the case status. Explain your situation. They will tell you what the court's file shows ...
but, to clear it up, you will probably have to go to N.Y.