QUESTION
How can I resolve my DUI and get back the attorney fees I paid?
Asked on Dec 18th, 2013 on DUI/DWI - California
More details to this question:
Hi, in December of 2011 I was arrested for a misdemeanor DUI and a misdemeanor driving while having A 0.08% Or higher. I was released later that night. I was 19 and sleeping in the backseat while the keys were under the floor mat on the passenger side back seat. I lived in Arizona at the time and was surprising my family with a visit (who wasn't home) so I stupidly drank and waited, eventually fell asleep. I then hired a lawyer who by the time I paid him the last payment was literally that was the last time I ever heard from him. This was sometime last year in 2012. I still have a warrant and now I'm out $3,000 with no help from him. I live out of California. Is there anyway I can get my money back and resolve this case from a different state?
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I do not know the facts of your situation . For example, did he or she notify you of a court date which was a mandatory appearance? If so, did you appear? There may be other reasons for the warrant issuing. You could send an email to his or her office and demand a refund or you will file with the county bar to get the money back or with the state bar's discipline office.
Answered on Dec 24th, 2013 at 4:11 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unfortunately, you have to retain an attorney in Arizona to take care of the warrant and complete your case. You also may want to file a complaint with the Arizona State Bar against your prior attorney. They may be able to help you get your money back.
Answered on Dec 23rd, 2013 at 5:07 AM
You need to hire a new attorney to go to court to recall the warrant and then file a SERNA motion to try and get your case dismissed.
Answered on Dec 19th, 2013 at 6:31 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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I would report the Attorney to the State Bar unfortunately you will need to hire another attorney to handle your matter if you are out of state.
Answered on Dec 19th, 2013 at 6:31 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Its 2 different issues. First, you need to hire a new lawyer to get your case dismissed or win at trial. There is no way a jury would convict you. The D in DUI stands for driving and they must prove it. Second, you need to sue the shyster who left you hanging for return of fees and you need to report him to the California State Bar.
Answered on Dec 19th, 2013 at 6:31 PM