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SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience:  Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
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I got a dui in georgia almost 1 year ago and do not live in

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I got a dui in georgia almost 1 year ago and do not live in that state anymore. is there any way if i hire you i do not have to be present to take my punishment? I live in michigan and had just gone down there last september to mow my lawn and ran down to the store on my dirt road and unfortunatly you probably know the rest

SmithEsq :

Hello, I'm a licensed attorney and will be assisting you with your question today. I ask that you refrain from rating my answer until you are satisfied and if you are not yet satisfied during our conversation please do not answer negatively, but continue our conversation until you are. That being said... I see you are looking to transfer your sentence to a different state? What was the sentence you received in Georgia that you are trying to get sent to Michigan?

SmithEsq :

I am switching our conversation to a different mode. It's called question and answer mode. It's a different way for us to communicate rather than chat. I have not yet answered your question so please do not rate!

SmithEsq :

I am simply changing the way we will talk. Ask and answer questions using the box below.

SmithEsq :

BEfore I can answer your question, I need to know what the sentence is that you are trying to get sent to Michigan.

You can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information. Please answer the above questions so we can get started.

Customer: replied 4 years ago.
I had just moved to Michigan from Georgia as my husband passed away on Christmas day, my dad 2 weeks later etc. I had to go down there to mow......I had taken some antihestamines for sinus and after mowing in 1 million degree weather i had some lemonade and vodka which i didn't think had such a bad effect on me but needless to say i tried to avoid some kids driving fast on the dirt road and my tire caught the ditch. Needless to say the police came and i had to go to jail for the night. i paid a bailbondsman so i could get out. I was told that you have to blow in a machine and i guess it wasn't too impressive. (high) I hired an attorney right away and he had things come up etc where we couldn't go to court due to his or my schedule. I guess I plead guilty somehow because my lawyer's office called and said I would owe $800.00......50 hours of community service.......drug testing.......1 year of probation and some kind of alcohol counseling. I have asked, begged and pleaded with my lawyer's office to see if I can make my restitution and pay my pennance from here as I have not been able to work not knowing what is going on. I have however completed and passed DUI school in Georgia on my own accord hoping that would at least look like I am trying to do something. I just can't live my life this way....I don't know anyone down there because all I did was take care of my dying husband and work....I am at my wits end with all of this...i have no hope for the future and just don't know what to do. I know i am rambling but I am very frustrated
Ok well I'm really sorry for your extreme losses and so close together... That's a lot. I hope I can give you some information. I am always very thorough, which today means I can't (and won't) give you a super quick answer because I have an appointment to step away to but i promise I will get back to you. GEnerally, it is possible to transfer probation from one state to another.In addition, DUI programs are not usually allowed to be done just any program you want. THey are usually specific programs, provided in a list by the court telling you where you can go. Did you go to one of those? When you say you went "of your own accord" did you go to a court approved program? Are you actively reporting to Ga probation yet? If not, when does that begin? If so, have you discussed transferring it to Michigan with your PO? I will check with probation in Ga. and Mi. to see if I can find any info about the possibility of transferring between states, but as I stated, it is usually possible. did you get permission to move to Michigan? Were you advised by your lawyer to do so? Do you feel you understood what happened when you plead guilty? Do you have any interest in withdrawing your plea or do you just want to know if you can transfer your sentence? I know it's a lot of questions but answering them will really help me to help you. I look forward to hearing from you.
Customer: replied 4 years ago.
I had already moved to Michigan three weeks prior....I just had to go and maintain the property because it was for sale. I have never met my laywer just talked to his legal secretary. I guess he's just the one who cashes the check. I went to a court approved DUI school just to be proactive. I was told that that would probably be ordered. I don't know who my probation officer is yet because I have not been to court. As far as my lawyer's office was concerned I haven't been convicted of anything and my licence was still active so I got one from Michigan. I guess I am really stupid to listen to the lawyer's office. Now I feel even worse than before. My lawyers office knows I have a Michigan license. I have no relatives left after my husband and father died my brother died as well. I just want to live my life again. This is a very small Southern Georgia town where it happened and they don't appreciate "people" from the north. Like I said I have never been in trouble before and have been a tax abiding citizen who made a stupid mistake. I don't evev really drink. Am I in a lot of trouble?
OK OK don't beat yourself, first of all. You're not stupid at all. You are not a lawyer. You hired a lawyer, he gave you advice and you listened. How is that stupid? How are you supposed to know what to ask/do/say? It's not that certain lawyer don't care about their clients I think that some lawyers don't think about all of the things that make up clients, like, personal things and god forbid, real feelings and tradegies and hard times make things difficult for clients. IN situations like that it is that attorney's job to be conscious of your fragility and make sure you know what is going on. It really isn't your duty to somehow magically know the law so well that you are able to discern what is even the right questions to ask. Sometimes, though, it is your job to say when you don't know what the question is. Which is what you are doing now. Therefore it might be a good idea first and foremost to contact that attorney and renew some conversations and I"ll explain why. When you hire a lawyer or even if the lawyer is appointed to you for free, a fiduciary relationship is formed which means a relationship of trust between the lawyer and you. The lawyer is bound ethically to certain duties of loyalty to you. Just like your doctor can't just up and leave you hanging without your medication, your lawyer can't abandon you either. Therefore, I would argue that although it may seem that your case is over, it isn't as far as you are concerned. you still have questions, needs, concerns and you have a right for that lawyer to finish the job and attend to his duties to you. Since he took the plea, it would be fair to say he is bound to explain it to at the VERY LEAST. and, at most, help you to get that probation transferred, by making an application to the court. The reason he may be saying you aren't convicted of anything could be because you have a suspended sentence, which means if you do everything successfully the case will fall away. If that is the case, that is great and from what you are saying about your proactive undertakings, etc. and not drinking now you could stand a great chance of not having a record out of this. but only your lawyer can tell you that and explain that to you fully because only he knows what the plea was. You have to remember, lawyers are not any different than any other business and YOU ARE THE CUSTOMER. you should not be afraid to demand some service and not be afraid to call them up and demand some help. If they are giving you the run around then you have some grounds to stand on to make complaints, or threaten to do so, which he would not want. You have done nothing wrong in this situation, as I stated. It is his job to help you. He hasn't finished his job it sounds like, and I hope you can go back to his office and I can help you create a list of questions for him so you feel empowered and ready to take him on if you find him or his office intimidating.

I just want to mention that on this site we get credit for our answers by your rating, so when you feel my answer has been helpful please rate it three stars or more. After that, come back and ask me any follow up questions you might have. (as part of the same question, not a new question or anything) and we can keep communicating. The crux of my answer lies above, because I truly believe you can get what you want with the help of the attorney, who only needs to get permission from the court, or probation itself. As far as drafting some questions for the lawyer I will do that with you anyways. Let me know what else you want to know and how else I can help you. But don't beat yourself up because I tell you info you didn't know at the time. You didn't know, that's ok. You know now. That's good. Let's go from there.Sound good?
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