should I substitute lawyers at the last minute?

[JsinVEGAS]

What is the name of your state? nevada

About three months ago after leaving a bar I blacked out from drinking too much, and got myself in a bad car accident. I woke up the next morning in jail with a piece of paper that said, "DUI liquor / controlled substance w/ death or substatial bodily harm" bail was set at $50,000. I spent 7 days in jail untill my friends and family found a lawywer who reduced my bail to $10,000 & my friends posted bail for me. The other person who was hit ended up hurting their shoulder (thank god no death). On my first court date after posting bail, my current lawyer didn't show up because he neglected to tell me he got a continuance (no big deal). About a week before the next court date he called me and said the DA was moving and wanted to throw an amazing deal on the table dropping the charges to a felony wreckless driving. My lawyer then said I had one of three choices: I could <1> take the felony wreckless driving which was punishable by one to two years in prison, but because I have no priors and am a good person, that the judge would probably give me probabtion. <2> he said he could talk the charge down to a misdemeanor DUI, but that was punishable by zero to six months in jail, with no option of probation and an unlikley chance of house arrest, and the judge would probably give me another 30 to 90 days in jail. Option <3> was to completly argue away the substantial bodily harm charge, but while the case was being apealed I would sit in jail for at least a year or more. he pushed me to go with the felony charge saying it was the best option as far as staying out of jail, and that a felony shouldn't hurt me too bad. I accepted the guilty plea to felony wreckless driving, and have to go to court for sentencing in a week and a half.
I now have friends telling me that I shouldn't be taking a felony, because it will ruin the rest of my life, one of these friends put me in touch with her lawyer who said he could reverse the plea and start the case over, probably getting me into some sort of severe offenders program, that includes 3 years of sobriety and classes and results in a misdemeanor and fines. I allready owe my mom $5000 for the 1st lawyer... the 2nd lawyer is willing to work out a payment plan with me for another $5000. (I'm not worried about going into debt for a little while versus loosing certain human rights and freedoms)
Basically I desperatley need advice on who to trust and if there are better options. This second lawyer comes highly recomended and seems genuine, while the first lawyer has never really made me feel comfortable with my options (and now I'm hearing rumors that he's a lazy lawyer). Several of my friends who have other lawyer friends say there is no reason that I should be accepting a felony as a first offense... any advice would be greatly appriciated... please help!!!

[Kane]

I'm not from Nevada, and I certainly can't tell you which lawyer is better or worse. I can give you a few general ideas.

1. At least where I'm from, getting a judge to let you withdraw a guilty plea is not automatic. Ask the second lawyer whether he's sure he can get the judge to let you do it.

2. If you were so drunk you blacked out, caused a wreck, and hurt somebody, it's a pretty serious charge. I wouldn't put too much stock in what your friends say. Lots of nonlawyers have plenty of advice they're willing to confidently impart, and often that advice is completely wrong. I wouldn't depend on the idea that you "should" be able to get a misdemeanor, unless or until a lawyer actually tells you that, or (better) a prosecutor actually makes that offer.

3. Your friends are right that a felony conviction is liable to have seriouis repurcussions. However, that doesn't matter if a felony conviction is the best you can do. In other words, if they have the proof they need to convict you, and they're not willing to offer a misdemeanor, your choice is between a felony with jail time, and a felony without jail time. Not between a misdemeanor and a felony.

4. There's no way for me to know which lawyer is better. But, really it doesn't matter which lawyer is better, if you don't trust the one you have now. The first lawyer may be the best lawyer in the world, but if you don't trust him, he's not going to be able to help you. You need a lawyer you can trust. If you trust the second guy, ask him if he's confident he can get the judge to let you withdraw your plea. If he says "yes," hire him, and do what he tells you to do. You're better off trusting the lawyer you've hired to represent you in your case, than trusting the advice of your friends.

[seniorjudge]

When did you plead guilty?

[JsinVEGAS]

I accepted the quilty plea one month ago.

[seniorjudge]

Originally Posted by JsinVEGAS

I accepted the quilty plea one month ago.

I am assuming you mean you pled guilty a month ago.

What are the reasons the judge should let you withdraw it now?

[JsinVEGAS]

the second lawyer said we could reverse the plea by substituting lawyers because the first lawyer did not provide me with or just did not know about all of my options. He also said there were 2 other ways to reverse a plea, to say I was high on mind altering drugs when I accepted the plea which he said was not a good idea at all, or if new evidence came up proving my innocence, which is not the case.

[seniorjudge]

Originally Posted by JsinVEGAS

...the second lawyer said we could reverse the plea by substituting lawyers because the first lawyer did not provide me with or just did not know about all of my options....

And what "options" were you not aware of?

[JsinVEGAS]

Lawyer #2 said that there was a serious offenders program that lawyer # 1 probably did not know about that would mean 3 years of intervention classes and sobriety testing resulting in a misdemeanor charge.

[Kane]

Vegas, if you trust the second lawyer, and he thinks he can get you into a program, consider going with him. (Especially if you think you need to be in a program, which based on your post, you probably do.)

Go to his office and sit down and talk to him for a while, and see what he says. The best way to get a sense of someone is to meet them face to face. (If you haven't done that already.)

[seniorjudge]

Originally Posted by JsinVEGAS

Lawyer #2 said that there was a serious offenders program that lawyer # 1 probably did not know about that would mean 3 years of intervention classes and sobriety testing resulting in a misdemeanor charge.

But the judge knew about these things.

Go back and re-read your own posts.

You have no case.

Any money you spend on lawyer #2 will be wasted.