jesse59672
Junior Member
Okay first off I my name is Jesse, I'm from Oklahoma. I have a few questions about my case right now. First off I guess I should explain what happened etc, so here it is.
On 12-17-05 I was at a party with my buddies in a city that I wasn't familiar with. Long story short I was woken up at the party and told I had to leave. I had been working all day and had been drinking all night. David (my friend), Floyd (his little brother) and I all three left the house. I was driving drunk, and we couldn't find the highway to get home. I was not too worried about it because it was Friday and I had just gotten paid. We were on NW10th going way too fast and running stop signs. I was going to run the next one but the road came to a 3 way intersection. I couldn't stop the car in time and we went flying off the road into a field with trees and such. David and I both broke our backs (along with other injuries) and his little brother Floyd died instantly. I spent a week in the hospital and was never arrested (due to my injuries). David and I were both 18 at the time and Floyd was 16.
The family understands that it was an accident, and do not want me to go to prison of any sort. I have not drank since, nor have I been to any party-type situations. David has also stopped drinking and we still hang out every day. I have been going to court since February of '06. Here's where my questions come from. My uncle hired a lawyer for the case, because his friend recommended the lawyer to him. First off the lawyer has waived my right to a jury trial by phone. The same day he waived that right he set the case up for a plea and sentencing date. He is obviously setting me up for a blind plea, due the the ADA not offering anything as far as plea bargains. The victim's family follows the case and they are quite knowledgeable of the law system. They asked me if I knew that he was doing this, and I did not. So I called him and got his secretary, she said that he was not doing that and that the online case docket's were wrong.
So I went to court that day with just my mother (i do not have a valid driver's license). He went and talked to the ADA and about forty-five minutes later, he takes me into a room there and tells me that I need to plead guilty today. He said its the best way to end the case. Well anyways he had me sign something (at this point I actually trusted him) and go in the courtroom and sit down. After sitting in the court room and listening to a few cases, he brings me out of the courtroom and tells me that he just realizes that pleading guilty means I sit in jail until my sentencing date. My mother immediately rejects this idea and starts crying. He tells her that its the best thing to do at this point. He then proceeds to ask her why she doesn't want me to go today. He asks, "Do you want him to go home and do push-ups before he goes?". He gets mad, and tells me "This is a very serious matter. Do you not understand that someone died in this accident? Do you not understand that?". He then said that he took this case for a lowered fee, almost like the money wasn't worth all the time he has put into it. He then went back in the court room and asked the ADA for a continuance of the case. A few days later he left a voice mail on my phone saying that I need to get a new lawyer, that he can't promise anything.
The victim's family has talked to the ADA once, which was well over a year ago. They feel that I need to hire another lawyer, and maybe another visit from them would be nessecary to sway the ADA's point of view. My next court date is on the 29th of May, and I am very confused on what to do. My mother and my aunt have went and talked to the lawyer yesterday. He pretty much blew smoke up their ass, telling them that he still wants the case, and he will defiantly use the family more in the case (he has never even talked to them). My aunt is the one who will be paying for a new lawyer, so she wanted to meet with him and see what he had to say about everything. He still thinks the best thing for me to do will be to enter a blind plea, and sit in jail until my sentencing date. Everyone I know tells me it is just too risky, and that is a last-resort type of thing.
I used to the think that the court system was put in place for the victim or victim's estate. I thought that it was to bring back justice, and cases should be decided by the victim's family. I totally understand that I should receive punishment, but I don't think I am the type of person who belongs in prison. It was a first time drinking-driving offense, I was just barely 18 years old at the time, and I have not been in trouble since then.
This link is my case docket if you want to read it.
http://www.oscn.net/applications/ocisweb/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=172317&db=Canadian
Any feedback or advice is greatly appreciated.
Thanks
On 12-17-05 I was at a party with my buddies in a city that I wasn't familiar with. Long story short I was woken up at the party and told I had to leave. I had been working all day and had been drinking all night. David (my friend), Floyd (his little brother) and I all three left the house. I was driving drunk, and we couldn't find the highway to get home. I was not too worried about it because it was Friday and I had just gotten paid. We were on NW10th going way too fast and running stop signs. I was going to run the next one but the road came to a 3 way intersection. I couldn't stop the car in time and we went flying off the road into a field with trees and such. David and I both broke our backs (along with other injuries) and his little brother Floyd died instantly. I spent a week in the hospital and was never arrested (due to my injuries). David and I were both 18 at the time and Floyd was 16.
The family understands that it was an accident, and do not want me to go to prison of any sort. I have not drank since, nor have I been to any party-type situations. David has also stopped drinking and we still hang out every day. I have been going to court since February of '06. Here's where my questions come from. My uncle hired a lawyer for the case, because his friend recommended the lawyer to him. First off the lawyer has waived my right to a jury trial by phone. The same day he waived that right he set the case up for a plea and sentencing date. He is obviously setting me up for a blind plea, due the the ADA not offering anything as far as plea bargains. The victim's family follows the case and they are quite knowledgeable of the law system. They asked me if I knew that he was doing this, and I did not. So I called him and got his secretary, she said that he was not doing that and that the online case docket's were wrong.
So I went to court that day with just my mother (i do not have a valid driver's license). He went and talked to the ADA and about forty-five minutes later, he takes me into a room there and tells me that I need to plead guilty today. He said its the best way to end the case. Well anyways he had me sign something (at this point I actually trusted him) and go in the courtroom and sit down. After sitting in the court room and listening to a few cases, he brings me out of the courtroom and tells me that he just realizes that pleading guilty means I sit in jail until my sentencing date. My mother immediately rejects this idea and starts crying. He tells her that its the best thing to do at this point. He then proceeds to ask her why she doesn't want me to go today. He asks, "Do you want him to go home and do push-ups before he goes?". He gets mad, and tells me "This is a very serious matter. Do you not understand that someone died in this accident? Do you not understand that?". He then said that he took this case for a lowered fee, almost like the money wasn't worth all the time he has put into it. He then went back in the court room and asked the ADA for a continuance of the case. A few days later he left a voice mail on my phone saying that I need to get a new lawyer, that he can't promise anything.
The victim's family has talked to the ADA once, which was well over a year ago. They feel that I need to hire another lawyer, and maybe another visit from them would be nessecary to sway the ADA's point of view. My next court date is on the 29th of May, and I am very confused on what to do. My mother and my aunt have went and talked to the lawyer yesterday. He pretty much blew smoke up their ass, telling them that he still wants the case, and he will defiantly use the family more in the case (he has never even talked to them). My aunt is the one who will be paying for a new lawyer, so she wanted to meet with him and see what he had to say about everything. He still thinks the best thing for me to do will be to enter a blind plea, and sit in jail until my sentencing date. Everyone I know tells me it is just too risky, and that is a last-resort type of thing.
I used to the think that the court system was put in place for the victim or victim's estate. I thought that it was to bring back justice, and cases should be decided by the victim's family. I totally understand that I should receive punishment, but I don't think I am the type of person who belongs in prison. It was a first time drinking-driving offense, I was just barely 18 years old at the time, and I have not been in trouble since then.
This link is my case docket if you want to read it.
http://www.oscn.net/applications/ocisweb/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=172317&db=Canadian
Any feedback or advice is greatly appreciated.
Thanks
David and I both broke our backs (along with other injuries) and his little brother Floyd died instantly.You should be suid, and I hope you are. I spent a week in the hospital and was never arrested (due to my injuries).You were not arrested due to your injuries? Give us a break. David and I were both 18 at the time and Floyd was 16.