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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27123
Experience:  Began practicing law in 1992
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I am going to court next month for a misdemeanor B hit and

Resolved Question:

I am going to court next month for a misdemeanor B hit and run…. I have a lawyer that already charge me $5000 to represent me. The problem that lawyer is not answering my phone anymore and he is ignoring me so far. Maybe he is too busy yo answer my questions. My question to you… Is there any way I can hire another lawyer to dismiss the case before the hearing and the court date.. Second question … Can I hire two lawyers at the same time if the first one continues to ignore me. I have never been in the court and thats my first charge which I got arrested and I paid Bond to get out same day..

Thanks
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

You can hire another lawyer, you are allowed to have two as long as they both agree to it.

Dwayne B. :

However, they would have to agree otherwise you would have to fire the first one and hire the second one if they don't agree.

Customer:

Hello there

Dwayne B. :

Hi

Customer:

I am going to court next month for a misdemeanor B hit and run…. I have a lawyer that already charge me $5000 to represent me. The problem that lawyer is not answering my phone anymore and he is ignoring me so far. Maybe he is too busy yo answer my questions. My question to you… Is there any way I can hire another lawyer to dismiss the case before the hearing and the court date.. Second question … Can I hire two lawyers at the same time if the first one continues to ignore me. I have never been in the court and thats my first charge which I got arrested and I paid Bond to get out same day.. Thanks

Dwayne B. :

As I state above, you can have two lawyers but they have to agree to it.

Dwayne B. :

If they don't agree to both represent you jointly then you would only be able to have one or the other.

Customer:

Thanks

Customer:

Is it possible to dismiss my case without going to the court ( before the court date ) and how ?

Dwayne B. :

Your lawyer would have to file a Motion to Dismiss and have some great grounds. Very, very, very few criminal cases are dismissed based on a motion by the defense.

Dwayne B. :

It's usually not even worth filing the motion.

Customer:

what do you mean by its not worth it .. Does it take a lot of money, time or effort to do motion to dismiss ?

Dwayne B. :

Yes, plus you have to have really good grounds. You have to have both the facts and the law on your side.

Dwayne B. :

The judge makes all presumptions against you.

Customer:

What are my chances to win the case or go to jail? I was involved in an accident on July that my car hit another car side to side with very minor damage that I did not even feel it to stop. I thought I avoided the accident. Therefore when I saw the other car continued and it turned right on the street I continued on my way straight. There was a witness that gave my info to the other car and I found out next day that my car was damaged and there was an accident. I ended up being arrested and I have to pay Bond to get out.

Customer:

Thanks

Dwayne B. :

If you have never been in trouble before then you aren't likely to go to jail. I'd say your chances are 50-50 as far as winning the case. Most jurors aren't going to believe you didn't know you'd been in a wreck so a better argument would be "I didn't stop because they didn't stop".

Customer:

when you say 50-50 ….. the first 50 is wining and the other 50 is jail or probation ?

Customer:

I have never been in trouble before

Dwayne B. :

50 not guilty vs 50 guilty.

Dwayne B. :

If you've never been in trouble then you stand a 90% chance of not getting jail time

Customer:

What are the tricks to make it close to 100% chance of not getting jail. Good lawyer or other tricks you can help. Thanks

Dwayne B. :

There are really no tricks. Jurors don't like to give jail to someone on a first offense. The only time you ever see them do it is if the person isn't nice. If there was a video of you cussing out the cop, if you get on the witness stand and aren't nice, etc. Other than that you will almost certainly get probation.

Customer:

I have already talked to an attorney. I want to meet with him before the court date. I am afraid to keep asking him and he will get bothered and not to represent me well in my case and If I fire him can I get my money back ?

Dwayne B. :

You should be able to get at least a portion of your money back if he isn't responding to you and hasn't done a lot of work on the case.

Dwayne B. :

He may not give it all back to you.

Customer:

Legally … I can ask him not to represent me and he has to give portion of my money by law ?

Dwayne B. :

No, that's not a correct statement. It depends on what the contract says, how much work he has done, etc.

Dwayne B. :

It's a question of fact.

Dwayne B. :

No one can tell you he has to give money back, it would just be unusual if he didn't.

Customer:

Do you recommend any good attorney in Houston that will represent me in this kind of case well ?

Dwayne B. :

Unfortunately, we aren't allowed to give referrals. However, if you go to www.lawyers.com and look for lawyers who do criminal defense there will be a lot listed. Look for one who belongs to the Texas Criminal Defense Lawyers Association and also ask if they have done a lot of trials.

Dwayne B. :

Did you have any additional questions before I exit to help others?

Customer:

Do you recommend any good attorney in Houston that will represent me well in this kind of case.. Thats my last question

Customer:

Thank you

Dwayne B. :

No, we can't give specific referrals. If you go to www.lawyers.com and look for lawyers who do criminal defense there will be a lot listed. Look for one who belongs to the Texas Criminal Defense Lawyers Association and also ask if they have done a lot of trials.

Dwayne B. :

You should be fine as far as no need to worry about jail. The worst that is likely to happen will be probation.

Customer:

Ok.. Thank you for your help .. Have a good night

Customer:

:) .. Thanks

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

I will

Dwayne B. :

I'll exit now to help others. Bye!

Customer:

Bye

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27123
Experience: Began practicing law in 1992
Dwayne B. and 2 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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