QUESTION

What should I do if my attorney advised me to take a plea bargain and win through appeal in a DUI charge and now I lost my job?

Asked on Mar 14th, 2013 on DUI/DWI - California
More details to this question:
I have a strong case that should win in trial or appeal. I have video with audio of the officer testifying under oath that I ran a stop sign where the officer in passenger seat told the Sargent on scene that I did stop among other things. Knowing I drive for a living and have annual background checks as a job requirement, ensuring that my job would not be effected because we would win on appeal and I took the bargain. I was fired because work insurance dropped me, and I lost driver certification due to background check shortly after. What now??
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2 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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If you were so sure you had a winning case, you should have gone to trial. Nobody cares that you changed your mind later. You can now lick your wounds and move on with life, and deal with the consequences of your conviction. Your plea bargain ended the case, whether you understood that or not. An appeal must be based upon grounds that the court, not you, made mistakes of fact or law in its decision. Your Tahl form admitted in writing that you were guilty of the charge, and you waived your rights to a trial. In an appeal, you do not get to introduce any facts, testimony or arguments on appeal that were not presented at trial in court. Your only possible appeal claim would be ineffective assistance of counsel, but your Tahl form covered and waived that as well, by confirming that you understood your rights and waived them. I wouldn't take your money to file an appeal, and if I did, it would be a substantial amount, as in many thousands of dollars.
Answered on Mar 15th, 2013 at 6:10 AM

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I would say that you should talk to your former attorney. What is going on with the appeal? It sounds like you preserved your right to appeal after losing a motion. But without more factual background I can only give you a vague answer. I don't know if you could sue your attorney.
Answered on Mar 15th, 2013 at 5:54 AM

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