attorney withdrawing from defense

[jmneill]

What is the name of your state (only U.S. law)? Florida
Here is my question:
I got a DWI and Failure to submit a couple months ago. It too me a little while to come up with the money to hire an attorney. Eventually I did hire one over the phone because of my inability to take time off work to meet in person. He charged my credit card $2000 as a retainer against what was going to be a total of $5000.
After that he became impossible to get hold of, eventually one of his staff (I presume a paralegal) called me ans said he had made a deal with the states attourney to get me 30 days in jail. +++ I told him the most I could do and still hold on to my job was 10 days. He said he would be in touch via e-mail and phone. The next thing I get is a letter in the mail informing me of my lawyer's intent to withdrawl from council. (he has now done so)
Tomarrow is my scheduled "change of plea hearing" and I have no idea what to do or expect. Will I be forced to plea? Will I get a continuance? Will I have to ple then or go totrial? Any help would be greatly appreciated.

 

[dave33]

I suspect he withdrew because he wanted the balance before the completion of the plea deal. Since you made it clear you were not happy with the plea, he may have felt you would likely not pay.

Anyway, when you go to court explain to the judge that you were mistaken about being able to afford an attorney.
Politely request that he refer you to the public defenders office.
I suspect the process will start again. Hopefully. goodluck.

 

[jmneill]

Dave 33

Thankx Dave, I did sign a letter of intent to pay, along with a scheduled payment agreement via fax with him but you could very well be correct.
Any other input or advice would be greatly appreciated , as I am preparing myself for tomarrow am.
Thanks

 

[davidmcbeth3]

What were the reason(s) for his withdraw? Did the court allow it (ie ruled on it?).

You can object to his withdraw if you wish.

If you do not wish to pursue this attny ; you can ask for a continuance to get another one. Courts are pretty decent about this.

Of course, if the times involved are lengthy (like your attny left the case 3 months ago) then the judge may not allow you further time , in which case you move forward pro se. Ask for a continuance on other grounds ...

Your notion that you cannot take time off and find an attny is goofy. You get a lunch hour; you don't work 7 days a week etc...

This must not be your first DUI , I'm guessing.

 

[Mass_Shyster]

From what you've written, your attorney's withdrawal was improper.

From the Florida Rules of Professional Conduct:

(b) When Withdrawal Is Allowed.

Except as stated in subdivision (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:

(1) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;

(2) the client has used the lawyer's services to perpetrate a crime or fraud;

(3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;

(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

(6) other good cause for withdrawal exists.

Florida Rules of Professional Conduct

Unless you've left something out of your story, you should file a complaint with the bar association.

 

[jmneill]

No, this my second DUI. I has one 13 years ago. Yes, I am in the pool business working seven days a week out of state. No, I havn't left anything out, that would be. Counter preductive in getting an accurate opinion from the forum. Thanks for the advise, ill post what happens this afternoon.