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Help with DUI case from November 2006
Anonymous2 views2 answers
I was arrested in Nov 2006 for DUI, failure to report, and leaving the scene. I have an attorney, but he is not the best at explaining what is going on in my situation. I believe that I had a preliminary hearing that only my attorney went to. Since then, I was also arrested in 2008 on a DUI charge. The same attorney handled that case, and I believe that he went to the first hearing as well. I have never heard another word from the courts about these cases. I have called my lawyer every 6 months or so to check in, and he says that he is not sure why they haven't done anything. The 5-year statute of limitations is almost up on the 2006 crimes, but I have become aware of the speedy trial laws that are much shorter and that may apply in these cases. Can anyone explain what is going on here?
My advice is to consult with another attorney. What he is claiming about the clerk is highly unusual and not likely the case. More likely is the possibility that you have a warrant or two outstanding and you haven't discovered them yet. One way is to go into the clerks office and ask, but then, once discovered, you'll have to pursue the matter until its finished. However, that may be a good thing in the long run.
As for the statute of limitations, it doesn't run after you've been arrested.
As for the speedy trial issue, it could be useful, if the People asked for the last adjournment and then they never followed through with it, but again, that's unusual and unlikely. More likely is a warrant outstanding for you which you would be best off taking care of as soon as possible. I suggest you insist your attorney check on it and make sure he does so. It will be safer that way in the long run.
Good luck.
Assuming both charges were misdemeanors then the attorney can appear for you unless the judge has ordered that you personally appear. However unless he got the cases dismissed you will have to appear personally eventually. It makes no sense that the cases are pending but still on a prosecutor's desk. If they are pending they should have court dates. If you cannot get information from your attorney you should consider fnding a new one. An alternative is to call the clerk's office to try to find out the information yourself. I fear you will need an attorney to really get to the bottom of it and to give you clear and understandable advice. It is your attorney's duty to make sure you know what is going on.
