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driving

Junior Member
What is the name of your state? New Mexico I was charged with dui taken to trial which ended in a hung jury,the D.A.s office has informed me that they will persue the case again, however the officer in case will be out of town untill July,My appointed attorney that has never been of help and works for the D.A.s office has informed me that I should sign a waiver of arraignment and continues to write letters asking for me to sign, my thinking is that if the officer is not present at the arraignment they have no case ,do you think I,m right??? :confused:
 


JETX

Senior Member
driving said:
my thinking is that if the officer is not present at the arraignment they have no case ,do you think I,m right???
Nope. They can simply reset for when he is back.
 

JETX

Senior Member
driving said:
New Mexico , Thank you but don't they have a time limitation??
Yep. They have to file the charges within a set amount of time, called a SOL (Statute of Limitations). However, once the charges have been filed, there is not an SOL for bringing you to trial.
Your only possible saving would be if they were up against the speedy trial 'clock'. And to exercise that right, you will likely need an attorney.
 
S

seniorjudge

Guest
"...My appointed attorney that has never been of help and works for the D.A.s office..."

Your appointed is working for the prosecutor/

How do you know this?
 

driving

Junior Member
As to your question "how I know my appointed works for the D.A.s office" As I live in Sierra County were our main judge has just been arrested and released on his own O.R.for crashing his auto drunk and with an open bottle of vodka, I can only say this, when my CAA was appointed he met with me brifley in the hall with one of my witteness,and later @ trial he called no witteness eventhough the list had been filled 1yr before and when I questioned him about them he said he never got a list and when I asked what about the witteness in the hall he stated it "must have slipped his mind". In trial the BAC was introduced with a box tape rapped around it severel times and the lab testified that this was not the way it was supposed to be yet they did the test anyway, my CAA never objected to this nor would he listen to me when I asked him to do so,in fact we have never spoke of my case at anytime as he has never had the time,as this is an intrapment case one would assume that I could show evidense of more than 3 attacks by one police officer and I could present witteness to prove this, So if he is paid by the D.A.s office and has no idea of my story nor the time to call witteness or evidense then I assume he works for them
 
S

seniorjudge

Guest
"...I was charged with dui taken to trial which ended in a hung jury..."

From what you tell us, it sounds like you have a good lawyer.
 
I have stated in this forum before of my 14 DUI's. I am a firm believer that you get what you pay for. I have only spent 3 half days in jail. It took a lot of money to drink and just as much money to have a good attorney. But I never had to whine about what my attorney was doing. Good Luck
 

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