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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Got class 1 misdemeanor DUI for ETOH. I signed permission

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Got class 1 misdemeanor DUI for ETOH. I signed permission for blood draw & told I had RIGHTS to have written blood results in 30 days. NO blood ETOH results came back even on sentence date 3 months later, only +Zanax, even after repeated attempts to obtain labs. The official written police report never mentioned alcohol. The lawyer said I had no rights in this matter because the labs are backlogged so the court could do what they wanted even though I signed a paper that specifically said I had RIGHTS. I was charged with extreme DUI (0.09)& 4 other charges & told if I didn't plea guilty that I would be charged with all the convictions. After conviction the court appointed Counselor looked at my case & said he didn't understand why I was charged with ETOH with no lab results and a shabby police report that didn't mention alcohol. Can this be dismissed by post conviction relief or any other way since my Rights were violated & I felt railroaded? Any suggestions on how to overturn this?
You can try to make a claim for post-conviction relief on the grounds that your counsel was so ineffective as to deny you your right to counsel under the Sixth Amendment. You can explain that your guilty plea was the result of counsel's failure to communicate with you and that your lawyer encouraged a plea in spite of the fact that the evidence was insufficient. If you can, I would suggest that you get an attorney to write the petition for you. They are pretty techinical and having a professional do could possibly get you a better result than if you represent yourself.
Customer: replied 8 years ago.
Thank you. Do you have a recommendation for an attorney in Phx. metro area ( live in Mesa 30 min. away). What would an average cost be expected for an attorney to write this up for me?
Glad I could help. I'd appreciate it if you click the Accept button so I can get credit for the answer.

In terms of a lawyer, I don't have a referral for you, but if you go onto Yahoo or Google and search for a post conviction attorney in Phoenix, you should get some listings. At that point, you could call around and find out what each lawyer charges, and that will give you an idea of what is a reasonable price to do a petition like that for your region.

Good luck to you.
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