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Nate
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Experience:  Over 10 years of criminal defense practice.
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At a loss over lawyers handling of sons case. In pa he had

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At a loss over lawyers handling of sons case. In pa he had two duis. One in northampton county then months later second in lehigh county. non accident duis. first drove into neighbors yard. second driving too slow on road. anyway lawyer said he would go for deals. but when we went to court in first county son got loss of license for year, 2500 fines, and 3 days in prison. then he tells son he will plead guilty also in lehigh county. son no priors, college kid, in treatment outpatient. should i get another lawyer. this guy treats him like a criminal, doesnt appear to advocate or work for anything just says plead guilty. help advice needed. PS first offense dui highest bac level, third tier. second coming up is dui high level second tier.

Submitted: 10 months ago.
Category: Criminal Law
Expert:  Nate replied 10 months ago.
My name isXXXXX have been a licensed attorney for over ten years and significant DUI defense experience. I will be assisting you today.

There are many of factors that go into DUI cases (more so than practically any other charged crime). I need a little more information so that I can best assist you and your son.

1) In each case, what was the blood alcohol content?

2) Was there property damage in the first DUI?

3) What happened during each arrest?

Let me know information regarding the above and I will get right back with you.

Nate
Customer: replied 10 months ago.

bac highest level, offense one, high level offense two. no property damage anywhere. at arrests asked if he was drinking said yes charges with duis and put in detention til i picked him up, car impounded both times.. lawyer treats us like idiots joking to son to bring tootbrush for prison, says what the f were you thinking. but we paid him for both cases and now I am worried about this for second case next month. seems to just process papers.

Expert:  Nate replied 10 months ago.
There are certain minimum punishments that go along with DUI's in Pennsylvania depending on the BAC level. A graph from the Pennsylvania Commission on Sentencing with those required punishments can be found here

http://www.mikeshermanlaw.com/wp-content/uploads/2011/09/PA-DUI-Penalties.pdf

Whether or not a reduced sentence can be achieved depends on the defense lawyer's negotiation skills, the disposition of the district attorney (I can almost guarantee what will happen where I practice once I find out who the DA is on the case), and the judge it would end up in front of.

That said, it does appear this attorney has an issue with professionalism. I understand why that would certainly be disconcerting.

You have the right to fire him for the second case and demand a return of the retainer. If he does not comply, you would then have the right to make a complaint with the state bar and open a fee dispute.

As you and your son are uncomfortable with his representation, I would recommend that you find someone else you do believe is doing his best for you. At the very least, consult with another attorney and have him evaluate the result from the 1st DUI. If he feels he can do better, your son may be able to withdraw the plea if the court permits.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate

Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10539
Experience: Over 10 years of criminal defense practice.
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