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Sam
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Experience:  20 years of experience practicing law.
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Please only answer this if you are familiar with Colorado law. I

Customer Question

Please only answer this if you are familiar with Colorado law.

I have until 5pm tomorrow Friday to accept a plea bargain agreement. Otherwise we go to trial on July 5 regarding my January 20th DUI-D arrest.

My plan is to not accept the plea bargain agreement tomorrow. But on the day of trial fire my attorney for ineffectiveness of counsel.

Why do I want to fire my attorney:
1. He waited weeks before entering a not guilty plea for me.
2. As new information arises it takes him weeks to pass it along to me.
3. Now I have a 5pm deadline tomorrow July 1 to accept or decline the DA's final plea offer.
4. Otherwise we go to trial Tuesday July 5 without having prepared an adequate defense.

How do you think the Judge will react. Should I just go ahead and fire my attorney tomorrow. And submit some kind of paper work saying I need time to find a new attorney?
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Sam :

Hi

Sam :

So do you want to fire your attorney because he is ineffective or as a delay tactic?

Customer :

both

Sam :

Hi

Sam :

So what did you do about the plea?

Customer :

I verbally accepted the plea to my attorney. Now there will no longer be a trial next week. The court date has been moved from Tuesday July 6 to Wednesday July 7 when I formally enter my plea I guess. So this has me thinking: On Tuesday about firing my attorney, withdrawing my plea, and going to trial in September (the prosecution has asked for a continuance until September). The prosecution's continuance is OK with me because we were basically unprepared to go to trial next week. But does it not matter now that I have accepted the plea or does it? Can I with draw my plea before we go to court on Wednesday and go to court in September when the prosecution wants to go? Why would I want to do this? Because I finally figured out a big contradiction in my whole case. I was arrested on January 20 for DUI-D (driving under the influence of drugs - really medication). I fully cooperated with the officer and performed every test he asked. He is a drug recognition expert and his report was damning. He concluded my central nervous system was depressed and charged me with DUI-D. But here's the contradiction: my blood test results only showed small amounts of medicine in my blood - not enough medicine to support the officer's observations. So the state should charge me with DUI-D and not the lesser charge of DWAI (driving while ability impaired to the SLIGHEST degree). Because I was not impaired to the slightest degree according to the officer I was DUI-D significantly impaired. So if I withdraw my plea, get a new attorney, and go to court in September I believe we could get the jury to understand the contradiction in the officer's DUI-D observations and of the very low blood test results. But I feel like I am taking a huge risk because the State will then just charge me with DWAI although that's not what is supported by the officer's report. So there has to be some other explanation as to why my driving caught the attention of the police and why I performed very poorly on officer's tests. My primary care and my psychiatrist have agreed to support me with such an explanation. This will give me time to hire all the expert witnesses I need and I'm just guessing: toxicologist, sleep deprivation expert (if such person exists), and someone is an expert on the road side tests and nystagmus test. This is going to cost a lot of money and if I lose it will violate my probation.

Customer :

You asked me two questions. I don't see an answer.

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