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Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2418
Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
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my husband has a driving under suspension dui related this

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my husband has a driving under suspension dui related this is in Pennsylvania and was advised by his current attorney to go to the district justice and let him find him guilty because it was to short notice for the attorney to be there and that he will file a appeal. He did that and we mailed him the appropriate documents to file an appeal within 30 days as he requested.However now we find out he failed to file this appeal on time and a warrant has been issused because of all this. Can anything be done to stop this warrant because of what the attorney failed to do? Would this be considered misrepresentation?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 7 years ago.


It is possible you could seek a new review based on ineffective assistance of counsel. But I have to warn you, this is a very difficult thing to do. Court are generally unwilling to reopen a closed case in all but the most extreme circumstances.

You may also want to consider suing your attorney for malpractice. His failure to file a timely appeal that you expected is clearly malpractice. He may be found liable for the harm caused by his failure to act.

To pursue either of these courses, I strongly advise getting a new attorney.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

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