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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I got a dui in sandestin Florida on the golf resort. The

Customer Question

I got a dui in sandestin Florida on the golf resort. The resulted dui was an argument with my teenagers about where we wanted to eat. This is in Walton county. They wont plea bargain and want the max fine and sentence possible. I hired an attorney paid him lots of money and he says he cannot do anything. Is this possible paying an attorney for nothing?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Is this your first DUI? Were there any other factors, such as an accident, injury, etc? I ask because you shared that the State Attorney will not offer a plea and are seeking the maximum sentence, which is odd unless there are factors to support such a harsh offer

Customer: replied 1 year ago.
I was on a golf resort. I had my daughter in my truck I refused to blow. They say this judge is a bully but I am not accepting the harsh charge, it is my first DUI.
Expert:  CrimDefense replied 1 year ago.

Thank you. Yes, as a first offender, for a DUI, even with a refusal, the State should offer a reasonable plea deal, to resolve this. Often times, they will impose the minimums, unless there are mitigating factors. There should be no reason that they seek jail and they would impose a fine, court costs, probation, community service and classes. Now, as far as your attorney goes, they should have made a demand for discovery and reviewed all the evidence which the State has and will use against you at trial. They could then determine if you have any legal defenses to raise and if not, try and work out a plea deal. Even though the Judge is a bully, a plea deal could be worked out with the State Attorney, to avoid trial. Normally, if the State is not cooperating, a Defendant can plea open to the court and ask the Judge to get involved but in this case, if the Judge is a bully, it would need to be questioned if that is a good idea. If the state is seeking the max sentence, which involves jail, there may be no choice but to go to trial, since jail will be imposed either way. However, if the fine is high but you can avoid jail and just get probation, it may be in your best interest IF there are no defenses to raise.

Customer: replied 1 year ago.
Um.. either way. I own a business that does network security. I am an electrical Engineer that I need a license for. I told my attorney that I will take my chances in trial I paid the man $3500 for representation.
Expert:  CrimDefense replied 1 year ago.

And what was his response after you told him you want to go to trial? Does the $3500 include a trial fee or is that in addition?

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