Can I be a non-lawyer pro se for my wife in a DWI case?

[govtdog]

Okay sorry to bother you...
Will says my wife gail can do better nevermind.....

 

[govtdog]

dELETE THE TEXT FROM THE PREVIOUS POSTS**************..

 

[Zigner]

dELETE THE TEXT FROM THE PREVIOUS POSTS**************..

It doesn't work that way.

 

[CavemanLawyer]

Different counties have different formalities when dealing with defendant's on misdemeanor cases. Due to the large number of cases set at a time (unless its a small county) there typically are not arraignment dockets where you show up to enter your plea. Everyone is presumed to plead not guilty and you will only formally enter your plea if you are going to trial or entering into a plea bargain. A typical first setting involves a brief admonishment from the judge regarding your right to an attorney and then they ask you if you want to sign a waiver of attorney and speak to the prosecutor (aka represent yourself) or reset your case to hire an attorney, or fill out a pauper's oath to see if you qualify for a court appointed attorney.

As long as you are careful and do not actually speak with the prosecutor but just listen, there is no harm in waiving counsel and letting the prosecutor explain the charge and give their offer. They may or may not let you look at the file with the report, but I would not count on them providing you a copy of anything. You can opt to stop speaking with the prosecutor at any time and insist on your right to an attorney, just don't be a jerk about it.

As others have stated, your wife is the only person that can represent her other than a licensed attorney. The prosecutor may let you participate to some extent with the collective counseling of your wife (I always did as a prosecutor) but you cannot take any legal action for her and ultimately every decision is her decision.

DWI is no joke in Texas and the penalties go beyond just the criminal case. A non-probated conviction will suspend your driver's license for up to a year and any conviction will result in a $1000 surcharge every year for three years for a total of $3,000. So it really is in her best interest to be represented by an attorney, preferably one that specializes in DWI's.

 

[HighwayMan]

First, I am NO ONE'S DOG....

You're kidding right? And you want to legally represent your wife? Holy cow...

 

[govtdog]

Was able to get almost everything in discovery from the DPS since they have now scheduled the ALR hearing. Looks pretty bleak.

Only obvious evidence still not obtained, and a pretty important one at that, is the video/audio from the arrest.

Unless that shows something which the other reports don't show, we won't be going to trial but will be looking for the best possible plea bargain from the DA.

We're also now looking at getting a divorce(how quickly can we do this?) so that I can put our only car on my name only and avoid going without insurance(which we won't be able to afford after my wife's DWI conviction is final) for me and the kids. Wife won't be driving if her license fee is $1K per year anyway.

What a crappy way to end our days after living such exemplary lives for 60 years.

 

[FlyingRon]

As I told you in the first post, you can't get the video in the ALR hearing. The ALR hearing is ENTIRELY UNRELATED to the criminal charge. They are only required to disclose what they have in their files against you. All they likely have is the officer's statement that you blew over the limit and possibly the records of that. If you specifically ask for it, you'll get the calibration info on the machine used to test you.
That's IT. If you think the video might be meaningful to you on the criminal charge, your lawyer will have to subpoena it directly from the police department that has it.

What makes you think you're NOT GOING TO TRIAL? This isn't some traffic citation you can just pay and be done with. This is a criminal matter. Even if she pleads guilty, she will do so in court.

I'm not sure what you think the divorce will do for your insurance.

 

[Zigner]

What makes you think you're NOT GOING TO TRIAL?

Well, to be fair, the OP is correct in saying that he won't be going to trial. His wife will...but not him.

 

[Ohiogal]

Was able to get almost everything in discovery from the DPS since they have now scheduled the ALR hearing. Looks pretty bleak.

Only obvious evidence still not obtained, and a pretty important one at that, is the video/audio from the arrest.

Unless that shows something which the other reports don't show, we won't be going to trial but will be looking for the best possible plea bargain from the DA.

You won't be going to trial and YOU will NOT be getting a plea bargain. You are bordering on breaking the law with the unauthorized practice of law. Seriously, QUIT. You seem to think the law doesn't apply to you.

We're also now looking at getting a divorce(how quickly can we do this?)

It could take three months or more depending on whether there is an agreement upon everything. of course if you are doing so for fraudulent purposes, it might not be granted. What grounds are you going to use for divorce?

so that I can put our only car on my name only and avoid going without insurance(which we won't be able to afford after my wife's DWI conviction is final) for me and the kids. Wife won't be driving if her license fee is $1K per year anyway.

So the divorce is to basically commit fraud. Okay then. Glad we know this and that you announced it on the internet. How old are your kids? Why can't they pay their own insurance?

What a crappy way to end our days after living such exemplary lives for 60 years.

Then your wife shouldn't have gotten drunk and decided to drive. She made an extremely bad decision for which there is consequences. She is really lucky she didn't kill anyone.

 

[govtdog]

I'll try to answer all your questions.

Whatever happens to my wife as a result of her stupidity will impact me and my kids almost as much as her... so we all have a vested interest in what happens to her and I'll be damned if I just sit back and let it happen. If the justice system ONLY punished her, and NOT all of us, as a result of her dumb act, then I'd be fine with sitting around letting her do nothing... but that is not the case. It is my fiduciary duty to do everything I can to protect my family, as much as I can, from us INNOCENTS being harmed by the misdeed of my wife/their mom.

I have done nothing against the law nor do I plan to do so and neither have my kids.

As for going to trial, every lawyer we have spoken to had 2 prices for us... one if we do a plea bargain and another, usually double the cost, for going to trial. So far, the cheapest price we've gotten is $2K... and we just don't have that much money and no way to get that. My wife has a nice pension but you can ONLY take any money out of it if she quits her job or retires.. and now, due to her current problems, she will need to stay at her current job till she dies or gets too old to do the job.

My kids are still in school(HS and freshman in college) and they cannot pay their own insurance nor even buy their own car. My college daughter has a 99 Oldsmobile which she uses to drive back and forth to her part time job which she uses to pay for part of her tuition and my car is a salvage title vehicle. My son just got his drivers license and he will use my car when he absolutely has to do so. We ONLY have liability insurance and even that is almost beyond our means.. yet, without a car, we would have no jobs and would shortly be homeless. I drive my wife to the bus every day so she can get to work and pick her up at the bus station every night... so she could do without a license and a car. In the future, when she has work dinners like the one which led to her arrest, I would have to drive her to work, sit around downtown all day, drive her to the dinner and then take her home... but I'd be willing to do that if I had to do so.

We have been married for over 30 years and have grown apart over the last 5 years or so. We have been planning on getting a divorce, selling our house and going our separate ways when both our kids are at college and out of the house next September. However, if the current situation demands it, we have no problem doing it immediately if a divorce is best for the kids... which it seems it would now be since some of the punishment meted out to my wife would extend to our kids too.

We are caught between a big rock(this economy) and an even bigger hard place(DWI/MAD law) it seems.

 

[Silverplum]

I'll try to answer all your questions.

Whatever happens to my wife as a result of her stupidity will impact me and my kids almost as much as her... so we all have a vested interest in what happens to her and I'll be damned if I just sit back and let it happen. If the justice system ONLY punished her, and NOT all of us, as a result of her dumb act, then I'd be fine with sitting around letting her do nothing... but that is not the case. It is my fiduciary duty to do everything I can to protect my family, as much as I can, from us INNOCENTS being harmed by the misdeed of my wife/their mom.

I have done nothing against the law nor do I plan to do so and neither have my kids.

As for going to trial, every lawyer we have spoken to had 2 prices for us... one if we do a plea bargain and another, usually double the cost, for going to trial. So far, the cheapest price we've gotten is $2K... and we just don't have that much money and no way to get that. My wife has a nice pension but you can ONLY take any money out of it if she quits her job or retires.. and now, due to her current problems, she will need to stay at her current job till she dies or gets too old to do the job.

Do you know why the attorneys have a two-tier system of pricing? Because it takes much less work to do the plea bargain.

My kids are still in school(HS and freshman in college) and they cannot pay their own insurance nor even buy their own car.

Then do you know what that means? It means they don't drive. Or they get jobs and make their own money and save till they can afford the entire cost of operating vehicles.

It's so very simple. I can't imagine why so many parents don't *get* that.

My college daughter has a 99 Oldsmobile which she uses to drive back and forth to her part time job which she uses to pay for part of her tuition

Bus. Walk. Bike.

Spoil your kids at your own peril.

and my car is a salvage title vehicle. My son just got his drivers license and he will use my car when he absolutely has to do so. We ONLY have liability insurance and even that is almost beyond our means.. yet, without a car, we would have no jobs and would shortly be homeless. I drive my wife to the bus every day so she can get to work and pick her up at the bus station every night... so she could do without a license and a car. In the future, when she has work dinners like the one which led to her arrest, I would have to drive her to work, sit around downtown all day, drive her to the dinner and then take her home... but I'd be willing to do that if I had to do so.

OH. It was the WORK DINNER that "led to her arrest."

WE thought it was the DRIVING WHILE DRUNK thing she did.

We have been married for over 30 years and have grown apart over the last 5 years or so. We have been planning on getting a divorce, selling our house and going our separate ways when both our kids are at college and out of the house next September. However, if the current situation demands it, we have no problem doing it immediately if a divorce is best for the kids... which it seems it would now be since some of the punishment meted out to my wife would extend to our kids too.

We are caught between a big rock(this economy) and an even bigger hard place(DWI/MAD law) it seems.

Good thing your wife didn't kill someone.

 

[govtdog]

Do you know why the attorneys have a two-tier system of pricing? Because it takes much less work to do the plea bargain.

Exactly. That's why I was considering having my wife represent herself at first to see what kind of plea bargain we could get on our own. The saved $2K would allow us to make payments on whatever her fine ended up being and would help us try and pay the other increases in insurance, etc, as a result of her guilty/nolo plea.

Then do you know what that means? It means they don't drive. Or they get jobs and make their own money and save till they can afford the entire cost of operating vehicles.
It's so very simple. I can't imagine why so many parents don't *get* that.

Err, do you even have kids? If you did you'd know that the kids automatically go on the family insurance as soon as they get to be of license age whether or not they have a car. My daughter works her butt off up to 25 hours a week while attending college full time to pay her way at college. We are paying nothing but our part of liability insurance on the 99 olds, which before now was very little.

Bus. Walk. Bike.
Spoil your kids at your own peril.

Hilarious...that snide comment just displays how well you know us and sadly shows your utter ignorance and understanding on what it means to be poor. Jeesh, I'm a 60 year old who rides my son's bike to the store to save money when I can...
We would LOVE to spoil our kids if we could do so....

OH. It was the WORK DINNER that "led to her arrest."
WE thought it was the DRIVING WHILE DRUNK thing she did.
Good thing your wife didn't kill someone.

So true... and something I throw in her face every day along with how she has ruined what we had left of a once good life. And yes, she got drunk at the dinner which was thrown in her honor by her cancer support group patients(no, sadly she isn't an MD). She isn't used to drinking and she had way too much wine on top of the drugs she takes for depression and insomnia. Her mistake and now we all pay for it.

 

[Silverplum]

Exactly. That's why I was considering having my wife represent herself at first to see what kind of plea bargain we could get on our own. The saved $2K would allow us to make payments on whatever her fine ended up being and would help us try and pay the other increases in insurance, etc, as a result of her guilty/nolo plea.

If she isn't interested in learning how to rep herself, that plan is doomed.

Err, do you even have kids?

Two. Highly successful.

If you did you'd know that the kids automatically go on the family insurance as soon as they get to be of license age whether or not they have a car.

Maybe in YOUR state. Not mine. I hardly believe that you can't deal with your insurance agent on that issue, but if you can't -- make the kids pay their share.

My daughter works her butt off up to 25 hours a week while attending college full time to pay her way at college. We are paying nothing but our part of liability insurance on the 99 olds, which before now was very little.


Hilarious...that snide comment just displays how well you know us and sadly shows your utter ignorance and understanding on what it means to be poor. Jeesh, I'm a 60 year old who rides my son's bike to the store to save money when I can...
We would LOVE to spoil our kids if we could do so....


So true... and something I throw in her face every day along with how she has ruined what we had left of a once good life. And yes, she got drunk at the dinner which was thrown in her honor by her cancer support group patients(no, sadly she isn't an MD). She isn't used to drinking and she had way too much wine on top of the drugs she takes for depression and insomnia. Her mistake and now we all pay for it.

Cheese goes well with whine.

 

[Antigone*]

If she isn't interested in learning how to rep herself, that plan is doomed.


Two. Highly successful.


Maybe in YOUR state. Not mine. I hardly believe that you can't deal with your insurance agent on that issue, but if you can't -- make the kids pay their share.


Cheese goes well with whine.

I'll take some brie, please SP. It goes very well on my chicken and cranberry on squaw sandwich.

 

[govtdog]

If she isn't interested in learning how to rep herself, that plan is doomed.

She would have to do that but I thought I could be just like those legal assistants who scribble on pads in court giving suggestions and actual lines of questioning to the attorney who then says them aloud? Couldn't I act as a legal assistant to my wife acting pro se?

Two. Highly successful.

Congrats. That is our goal as well and my wife's mess up has put that somewhat in jeopardy.

Maybe in YOUR state. Not mine. I hardly believe that you can't deal with your insurance agent on that issue, but if you can't -- make the kids pay their share.

In our state, we have to put all members of the legal dependent family on our insurance when they get their license. Allstate put my son on it when he turned 16 even though we was almost 18 when he finally got his license to drive. We were able to get him off but even if he didn't ever get his license, they said he MUST go on our insurance when he turns 18. It doesn't matter if we had 4 drivers and only one car... the insurance companies assume every eligible person CAN drive the car and charge accordingly. When I had my career for 25 years, I always had company cars but even then my job required me to carry an Umbrella liability policy which wasn't cheap. Now, as long as I am married to my wife, I can pretty much forget ever getting back into my old industry and those good jobs.

Cheese goes well with whine.

Based on alot of the non-helpful-responses I've been getting, so does a lot of stuff usually found in diapers.

I'll take some brie, please SP. It goes very well on my chicken and cranberry on squaw sandwich.

Not quite sure if you meant to end that sentence with a "b", or just made a semi-funny yet sexually charged racist joke? Oops, nevermind... googled Squaw Sandwich and saw there is something actually called Squaw bread... being a Cali thing, never heard of it.
Still can't help picturing a Squaw Sandwich as I first misunderstood it.