do i need an attorney for a 1st time DUI with a criminal record?

[alleincali]

I recently got a dui in california, in san mateo county for sleeping with my keys in the ignition. I spoke with an attorney who told me it would be a waste of $ to hire a an attorney for a 1st time dui since the sentence is standard. Also considering that i have a criminal record out of a different by nearby county for assalt I should conside3r just pleading guilty right away so that the DA wouldnt spend as much time looking over the case, and thus they would be less likely to send my new charges over to the county im on court probation with. Is this good advice? I was hoping I could get the charges reduced to reckless driving considering that the police never actually saw me driving, and other than the issue of my background, I have a good case (so ive been told).

 

[dmcc10880]

Dude... you've been told many times here to get an attorney. While the DUI charge typically has a standard sentence, this one put you in violation of your probation.

Once you are adjudicated guilty, the DA in the other county will be automatically notified, go to court and get a warrant issued for your arrest. You then face the PV sentence and the original sentence in the other case.

But, that's ok. You don't have to get an attorney if you don't think you need one.

 

[ERAUPIKE]

I recently got a dui in california, in san mateo county for sleeping with my keys in the ignition. I spoke with an attorney who told me it would be a waste of $ to hire a an attorney for a 1st time dui since the sentence is standard. Also considering that i have a criminal record out of a different by nearby county for assalt I should conside3r just pleading guilty right away so that the DA wouldnt spend as much time looking over the case, and thus they would be less likely to send my new charges over to the county im on court probation with. Is this good advice? I was hoping I could get the charges reduced to reckless driving considering that the police never actually saw me driving, and other than the issue of my background, I have a good case (so ive been told).

You don't think the police should be able to charge you with driving while intoxicated because they never saw you driving. Instead, you are willing to accept the charge of reckless driving, even though the police never saw you driving recklessly. This speaks volumes. That attorney obviously was a very poor business man or didn't think you had the ability to pay him. Seek legal counsel, you are going to need it.

 

[alleincali]

Dude... you've been told many times here to get an attorney. While the DUI charge typically has a standard sentence, this one put you in violation of your probation. Once you are adjudicated guilty, the DA in the other county will be automatically notified, go to court and get a warrant issued for your arrest. You then face the PV sentence and the original sentence in the other case. But, that's ok. You don't have to get an attorney if you don't think you need one.

wow lots of attitude... i guess i should just listen to the first thing someone tells me on here right? obviously the law is a complex thing and i dont know how things work. Plus people will lie to you if they want your money. it says something that this man wasnt nessesarily after that. also how do u know that my case file will be automatically sent to the other county? every single attorney ive spoken with has said their is only a chance that this will happen.

 

[dmcc10880]

wow lots of attitude... i guess i should just listen to the first thing someone tells me on here right? obviously the law is a complex thing and i dont know how things work. Plus people will lie to you if they want your money. it says something that this man wasnt nessesarily after that. also how do u know that my case file will be automatically sent to the other county? every single attorney ive spoken with has said their is only a chance that this will happen.

I'm not the one with the attitude. I'm also not the one who's facing a sentence for the probation violation and the assault with a deadly weapon conviction.

You admit that you don't know how things work. Attorneys do.

The DA in your county knows your record and that you're on probation. Once he gets a conviction, the other county WILL be notified.

 

[alleincali]

I'm not the one with the attitude. I'm also not the one who's facing a sentence for the probation violation and the assault with a deadly weapon conviction.

You admit that you don't know how things work. Attorneys do.

The DA in your county knows your record and that you're on probation. Once he gets a conviction, the other county WILL be notified.

Well your tone is overly accusatory and negative. And the DA in my county does not already know that about the DUI.. deffinitely not before I have even gone to court. Every attorney I've spoken with (and I've spoken with quite a few) has told me this. I am not just telling you what I think. Are you sure you are not speaking of the procedures in your region? Let me guess you are a prosecutor who assumes everyone with a criminal record deserves your condescention despite your not actually knowing the specifics details of their past? Or are you just a police officer who thinks they know how things work? If your going to post on a legal advice forum I suggest you change your attitude.

 

[CdwJava]

I recently got a dui in california, in san mateo county for sleeping with my keys in the ignition. I spoke with an attorney who told me it would be a waste of $ to hire a an attorney for a 1st time dui since the sentence is standard.

Unless you know the law and are willing to defend yourself, you might want to spend the money just to assure yourself you won't be in jail for the next 6 months.

Also considering that i have a criminal record out of a different by nearby county for assalt I should conside3r just pleading guilty right away so that the DA wouldnt spend as much time looking over the case, and thus they would be less likely to send my new charges over to the county im on court probation with. Is this good advice?

It might be a viable tactic. But, the other county can always violate your probation and you may find yourself in the clink anyway.

I was hoping I could get the charges reduced to reckless driving considering that the police never actually saw me driving, and other than the issue of my background, I have a good case (so ive been told).

Whether they have a case or not depends on the circumstances. Keys in the ignition with the engine running (because you passed out) is bad. Keys in the ignition in the accessory position as you listen to the radio kicked back in your own driveway, not so bad. They must observe the driving unless one of a very small set of exceptions existed. A good DUI attorney can review the case to see if such an exception occurred.

Your call. But, NOT having an attorney is never a good idea.