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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19671
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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The DA requested Supervised O.R...He referenced a DUI over

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The DA requested Supervised O.R...He referenced a DUI over 10 years ago, and my reading. The reading was unreasonably inaccurate - but I didn't argue. In the weeks leading up to my court date, I have had 2 issues. Once, I drank the night before I went for testing - I feel stupid because I am letting this get to me, and less composed. However, I took responsibility, enrolled in AA, continued to test negative, but also was ignored when I submitted my health records & information about ketones. Last Wednesday I tested .02, but I just tried to be cooperative. I'm just being ridiculed now, threatened that she will tell them to put a warrant out for my arrest and I'll have to go to jail, told negative things regarding my personal life - which she knows nothing about...accused of drinking during the day when I have a great job where anyone around me knows better, and now I have to enroll in a program, although I attended 3 weeks of AA - and told I have to w/in a week or else. I have a 4 page list of resources, of which only 2 are applicable, and they can't even intake/enroll me that fast. In the meantime, the court appointed lawyer has not returned my 4 calls, and I - I just wonder where my rights stand with this O.R. thing. I am not even driving, to save money, but she says I'll be charged with another DUI if she tells the judge, she'll have them arrest me and send me to jail if I don't do everything she says, etc. Is their responsibility not mainly to make sure people attend their court dates and try and help with a treatment program? I mean, if you really assume I have a problem - berating me over the course of stressful weeks doesn't seem like an affective tool...? Are they even allowed to do this? I've no representation, not a flight risk...
Submitted: 5 months ago.
Category: Legal
Expert:  Marsha411JD replied 5 months ago.
Hello,Thank you for the information, however, I am not clear who exactly you are talking about is doing these things. The reason is you use two different pronouns when speaking of, what I think, is the same person. You said "he" when initially speaking of the DA and then later start using "she" without adding another person to the discussion. So, that is why I am a bit confused. However, if you are speaking of the ADA who is prosecuting the case, then yes, they can do everything you described. They represent the State (the people) not you. You have your own attorney, the public defender and they need to be representing your position and side. That is not the job of the ADA. If you are having difficulty reaching your assigned assistant public defender, then you can try speaking to the supervising public defender and see if they can encourage your attorney to speak to you. Keep in mind that these attorneys have very heavy case loads and although you may believe that an issue is an emergency, they know from experience what warrants an immediate call back and what doesn't. They, unfortunately, have to return calls on an as needed basis. That is the problem with having to use a public defender. But again, you can follow up with their supervisor if you believe this is an emergency and can't wait until your next hearing, at which time you will meet with your APD. I realize that it doesn't seem like it is serving your best interest for the ADA to be acting a bit like a bully, but that is how they are some times and since they are charged with representing the interest of the State, they can be that way. Maybe not the best way to handle things, but not unlawful in the context of what you described. It is up to your attorney to assist you if you want to try to enroll in a program through the court. Please feel free to ask for clarification if needed. If none is needed, then if you can take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you