Hi, I am hoping someone can help me. This is a LONG story so I will spare you the details. Long story short, I have been dealing with a Public Defender for about a month or so. When I was in jail for a 2nd DWI, my court date was scheduled for the `14th of June. I was about to bond out and hire a qualified DWI Attorney but was not able to do this because my Public Defender put me on an "Add on" list and my court date was moved suddenly to June 1 At 4 p.m. I was pulled out of the kitchen where I was working while in jail... the next thing I knew, I was in court with a mean judge (has a reputation for harsh sentences) who sentenced me to 2 years in prison. I didn't even have a chance to bond out and get an experienced DWI Attorney for my case because of the date being moved too soon. My Public Defender came and talked to me about filing an appeal, assuring me that she would get a jury trial and that the court date would be about three months away. I was ready to go on and serve my sentence but she insisted that we appeal. Days later, I had a new appeal bond and was released. Well, only five days later (today), my Public Defender called me and said that my new court date (trial) is on Monday, June 25. This is crazy!! I haven't even had time to prepare for my case or make arrangements (business affairs, etc) in case I have to go to prison. I talked with another person who told me that the Public Defender is rushing my case so she can get paid for her services (by the state) even though I am willing to pay her from my own pocket. I don't know what to do at this point. I was planning to meet with a DWI Attorney and was scheduled to meet with him on Wednesday of next week but now I can't do that when my court date is on MOnday. Once again, the PD put me on the Add oN list. Please tell me what to do. I feel as though a). I haven't had adequate time to prepare and get my own witnesses together and b). That I haven't had the proper amount of time to hire the right Attorney. I just don't understand how my case can be tried on Monday when there hasn't even been a jury selection, etc. I thought these things take time.
Can I ask for a continuance on Monday and tell the Judge myself what the circumstances are- I suspect my Public Defender is going to rush into trying the case for some odd reason. I don't trust her anymore because everything she tells me turns out to be misleading. Thank you in advance for ANY much needed advice.

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Originally Posted by insearchofhelp

Hi, I am hoping someone can help me. This is a LONG story so I will spare you the details. Long story short, I have been dealing with a Public Defender for about a month or so. When I was in jail for a 2nd DWI, my court date was scheduled for the `14th of June. I was about to bond out and hire a qualified DWI Attorney but was not able to do this because my Public Defender put me on an "Add on" list and my court date was moved suddenly to June 1 At 4 p.m. I was pulled out of the kitchen where I was working while in jail... the next thing I knew, I was in court with a mean judge (has a reputation for harsh sentences) who sentenced me to 2 years in prison. I didn't even have a chance to bond out and get an experienced DWI Attorney for my case because of the date being moved too soon. My Public Defender came and talked to me about filing an appeal, assuring me that she would get a jury trial and that the court date would be about three months away. I was ready to go on and serve my sentence but she insisted that we appeal. Days later, I had a new appeal bond and was released. Well, only five days later (today), my Public Defender called me and said that my new court date (trial) is on Monday, June 25. This is crazy!!! I haven't even had time to prepare for my case or make arrangements (business affairs, etc) in case I have to go to prison. I talked with another person who told me that the Public Defender is rushing my case so she can get paid for her services (by the state) even though I am willing to pay her from my own pocket. I don't know what to do at this point. I was planning to meet with a DWI Attorney and was scheduled to meet with him on Wednesday of next week but now I can't do that when my court date is on MOnday. Once again, the PD put me on the Add oN list. Please tell me what to do. I feel as though a). I haven't had adequate time to prepare and get my own witnesses together and b). that I haven't had the proper amount of time to hire the right Attorney. I just don't understand how my case can be tried on Monday when there hasn't even been a jury selection, etc. I thought these things take time.
Can I ask for a continuance on Monday and tell the Judge myself what the circumstances are- I suspect my Public Defender is going to rush into trying the case for some odd reason. I don't trust her anymore because everything she tells me turns out to be misleading. Thank you in advance for ANY much needed advice.

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So, why didn't you call a qualified DWI attorney from jail? My brother was in jail over a weekend a few years ago on a DWI charge, and had multiple letters from various attorneys by Wednesday the next week. You've had over a month. However, there is no reason why you can't meet with the DWI attorney, and have him show up and request the continuance.

Unfortunately, some people want a speedy trial, some people want to delay as long a possible hoping the charges will be reduced or dropped.

I was told that I could only call collect and I wasn't aware that I could contact an Attorney from jail, calling collect. How did your brother do that?

You had a lot of rights, you merely failed to use them, First your attorney when told by you, should have asked for the case to be continued till you can hire your own attorney, you could have notified the court that you were firing your attorney and needed time.

You have the right to a jury trial, but gave away that right to have the case heard. At some point and time, you were asked or signed to have the trial before the judge.

I doubt you have must area for asking for an appeal, unless you can prove your attorney did a bad job. Merely wanting to do things different is not grounds, ( if that was everyone that loses would do that.

Also why did you not bail out /

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Originally Posted by insearchofhelp

Can I ask for a continuance on Monday and tell the Judge myself what the circumstances are

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Hello in:

Of course you can - and you'd BETTER. It's time for you to TAKE charge of your case! You haven't so far.

excon