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Ask Hammer O'Justice Your Own Question

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3979
Experience:  9 years legal experience, primarily in criminal justice
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have a son that was convicted of c felony dwi served 2 years

Customer Question

have a son that was convicted of c felony dwi served 2 years mo dept of corrections is ther anyway he can get a work permit or get a drivers license some where else
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello.

Unfortunately since he was convicted of a felony DWI he does not qualify for Missouri's limited driving privilege (which is a limited license that would allow him to drive to and from work):
http://dor.mo.gov/drivers/ldp.php

I understand your frustration with how your son's case was handled. Unfortunately, due to the amount of time that has passed since his conviction, he is not really eligible for any sort of relief that would allow him to have his conviction vacated. The time for appeal has long passed, and since he is no longer incarcerated he is not eligible to file a petition for habeas corpus to challenge the conviction. A petition for post conviction relief must be filed within 90 days of when his sentence began, so that is also off the table. He may have had grounds previously, but since he did not take advantage of them in time, he no longer has a way to revisit the conviction.

I know it's not what you want to hear, and I'm sorry I can't give you better news.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3979
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

can we sue the attorney for malpractice ,and the county for the false arrest? I understand that Dakota may be able to get a license in Colorado?

Customer: replied 1 year ago.


ok can we sue the attorney for malpractice, or the court for false arrest ? I understand that Dakota may be able to get a license in Colorado?

Customer: replied 1 year ago.

are you going to answer the question or not

Expert:  Hammer O'Justice replied 1 year ago.
I am working on answering the question. I am a person, not a computer, and I am trying to get accurate information for you. Please be patient.
Expert:  Hammer O'Justice replied 1 year ago.
There is a five-year time limit (statute of limitations) on legal malpractice claims in Missouri so if it has been less than five years then he is not time-barred from pursuing a lawsuit. You haven't really gotten in to the attorney's performance other than to say he didn't take depositions, which is not in and of itself malpractice. They are not taken in every criminal case unless there is a good reason for it. If you feel that there were deficiencies in the attorney's performance that rise to the level of malpractice, then you may want to have him contact a malpractice attorney to review his case. If you need assistance with that, you can use a directory like www.martindale.com to find a malpractice attorney in your area. Many will do an initial consultation for free so they can review his case to see if he has a claim against the lawyer.

Colorado does actually consider giving licenses to individuals who are suspended in other states and is really the only state that does so. He has to establish residency in Colorado (usually at least 90 days) and there are other requirements outlined here:

http://www.colorado.gov/cs/Satellite/Rev-Enforcement/RE/1251592961791

He will have to have a hearing as well. As a result, there is no guarantee that he will get a license because it is in the discretion of the hearing judge. So before deciding whether to relocate he has to consider the fact that he might not get the license anyway. It is possible, but not a guarantee.
Customer: replied 1 year ago.

ok thank you I am having trouble with this computer, Dakota is still incarserated in mo dept of corrections till august

Customer: replied 1 year ago.

does it make a difference if he is still in prison?

Expert:  Hammer O'Justice replied 1 year ago.
He can still pursue a malpractice claim while he is in prison if you can find an attorney who may be willing to meet with him while he is incarcerated if he has a valid claim.

I also forgot to mention that with respect to false arrest, the statute of limitations is two years so if it has been more than 2 years since the arrest on the speeding ticket, he cannot pursue a false arrest claim. If it is less than two years, then he may still make a claim if he has a valid one. Many attorneys who do malpractice also do civil work, so an attorney may be able to consult with you as to whether he has a case to pursue as to either issue you have brought up.
Customer: replied 1 year ago.

ok, does it make a difference on appeal if he is still in prison,wont be released until august some time

Customer: replied 1 year ago.

what about this habeus corpus terminology you referred to if he is still in prison

Expert:  Hammer O'Justice replied 1 year ago.
The time to appeal has passed, regardless of whether he is incarcerated. He may have grounds for a habeas corpus petition, which essentially argues that he is being detained in violation of his constitutional rights (such as effective assistance of counsel). Even if habeas is granted, however, it likely just means he will get a new trial. It doesn't mean he is released automatically. Since he is due to get out soon, by the time the habeas petition is processed through the courts and a new trial ordered (if it would be), he will be out by then. A criminal attorney can file the petition if he wishes to try to pursue that angle anyway.

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