Show up in court and ask for lawyer

Show up in court and ask for lawyer

Posted in the Louisville Forum

dont know

Owensboro, KY

#1 Nov 7, 2013
Supposed to be in court tomorrow for a DUI. No way to fight it so didnt get a lawyer. Now, the night before court, I think I want to get a lawyer to beg for mercy.(First offense) Will it get me in more trouble to show up and ask the judge if I can try and get a lawyer? Will that get me in more trouble? Or what would happen if I did ask the judge if I can get a lawyer? Or do I just plead not guilty and that is how I get my chance to get a lawyer?
dont know

Owensboro, KY

#2 Nov 7, 2013
Family member says if I show up and plead not guilty it will piss the judge off and that it will make things worse. I just want to get a lawyer to try to negotiate with the prosecuting attorney. That's all I want to try and do. Will that make things worse to ask for that?
MR CLEAN

Oklahoma City, OK

#3 Nov 7, 2013
dont know wrote:
Family member says if I show up and plead not guilty it will piss the judge off and that it will make things worse. I just want to get a lawyer to try to negotiate with the prosecuting attorney. That's all I want to try and do. Will that make things worse to ask for that?
Don't get a lawyer. He will get all your money and possessions for the same sentence. Tell the judge you are guilty and the reason you did not get a lawyer is that you did not want to clog the court system up if one is guilty. You are aware of your disregard for the law and most importantly the safety for yourself and others. Looking forward to hearing back from you.
Politically Incorrect

United States

#4 Nov 7, 2013
Yeah I'm with clean, just admit fault. They will go easy on a first offense. You may get a fine and some dui classes ...that's it
dont know

Owensboro, KY

#5 Nov 7, 2013
MR CLEAN wrote:
<quoted text> Don't get a lawyer. He will get all your money and possessions for the same sentence. Tell the judge you are guilty and the reason you did not get a lawyer is that you did not want to clog the court system up if one is guilty. You are aware of your disregard for the law and most importantly the safety for yourself and others. Looking forward to hearing back from you.
I am 18 and still in high school. It was for being high on pot. There was no pot in the car. No possession, nothing like that. I don't even drink. But I screwed up. Seriously. And I guess I'm going to pay for it. I don't even think with a record I can get into the college course I wanted, may not be able to get a job and I am just wanting to know if there is anything I can do to make it not so bad. I messed up. You don't have to be hateful.:-(
MR CLEAN

Oklahoma City, OK

#6 Nov 7, 2013
dont know wrote:
<quoted text>
I am 18 and still in high school. It was for being high on pot. There was no pot in the car. No possession, nothing like that. I don't even drink. But I screwed up. Seriously. And I guess I'm going to pay for it. I don't even think with a record I can get into the college course I wanted, may not be able to get a job and I am just wanting to know if there is anything I can do to make it not so bad. I messed up. You don't have to be hateful.:-(
Then I don't know what to tell you now with the information you now provided. I don't have the legal expertise.
I think

Louisville, KY

#7 Nov 8, 2013
Talk to the judge before your court date he/she will tell you what to do next.
Ballz Ez-Hari

Lexington, KY

#8 Nov 8, 2013
I think wrote:
Talk to the judge before your court date he/she will tell you what to do next.
The judge isn't gonna take time out of his day to mess around with some moron who doesn't know the law.Do you have any idea how many cases he has to put up with a week,he'll laugh in his face.
Ballz Ez-Hari

Lexington, KY

#9 Nov 8, 2013
He'll say hire a lawyer,advice isn't free..or get a PD if you're a pansy.
fact checker

Louisville, KY

#10 Nov 8, 2013
The judge isn't going to be angry one way or another. It's your constitutional right to have an attorney. Any judge who gets upset over someone invoking a constitutional right shouldn't be a judge. Beyond that, there are statutory minimums set for each level of DUI offense (1st, 2nd, etc...) and the court is bound by those, and quite often uses those with or without an attorney. But that's putting the cart before the horse. Ask for an attorney, talk to him/her, and then decide what you should do.
lol

Lexington, KY

#11 Nov 8, 2013
dont know wrote:
<quoted text>
I am 18 and still in high school. It was for being high on pot. There was no pot in the car. No possession, nothing like that. I don't even drink. But I screwed up. Seriously. And I guess I'm going to pay for it. I don't even think with a record I can get into the college course I wanted, may not be able to get a job and I am just wanting to know if there is anything I can do to make it not so bad. I messed up. You don't have to be hateful.:-(
What ever you do, DO NOT just go in and plead guilty. What county did this happen in? Did you admit to the cop that you were smoking pot and how did he come to that conclusion if no pot was in the car? Because unless the you did, this case is totally unprovable by the prosecution. There is no set legal limit for being "too high to drive" under Ky state law like there is with alcohol, ie .08 blood alcohol level. And even if they found pot in your system, there's no way to prove you smoked it that day. Even a half decent attorney should be able to beat this one, or at the very least get it pled down to a lesser charge. You see, people like YOU are what the police and prosecutors are hoping for and count on with cases like this - young, inexperienced, dumbasses that don't know any better, that show up without an attorney and just plead guilty - Don't do it.
Ballz Ez-Hari

Lexington, KY

#12 Nov 8, 2013
The original poster won't be back in this thread.Hell, he probably forgot he even posted something.

Anybody that asks advice about a court case on topix is not legally sane anyways.All the info he will ever need is at his finger tips..He will soon realize he can't rely on someone holding his hand all through life.
lol

Lexington, KY

#13 Nov 8, 2013
dont know wrote:
Family member says if I show up and plead not guilty it will piss the judge off and that it will make things worse. I just want to get a lawyer to try to negotiate with the prosecuting attorney. That's all I want to try and do. Will that make things worse to ask for that?
Your "family member" doesn't know WTF they are talking about. If you truely can not afford an attorney, tell the judge and ask for a public defender, you are entitled to one under the law. And absolutely plead not guilty, pleading 'not guilty' will not "piss the judge off". What WILL "piss the judge off" is acting like a dumbass by representing yourself and trying to act as your own attorney, I've heard this out of the judge's own mouth on several occasions...
lol

Lexington, KY

#14 Nov 8, 2013
Politically Incorrect wrote:
Yeah I'm with clean, just admit fault. They will go easy on a first offense. You may get a fine and some dui classes ...that's it
And finally, DO NOT listen to the azzclowns in this forum! NEVER go in and "just admit fault"! They will NOT just "go easy on you". Worst case scenario with a cut rate attorney (should be able to get one for around $100 on first offense, but don't expect miracles), you'll plead guilty, lose your license for 30 days, 12-20 DUI classes, a small fine and time on the shelf (time probated). Best case scenario without an attorney, lose your license for 90 days, DUI classes, large fine, and 2 weeks-30 days home incarceration or jail, AND time on the shelf. Like I said, don't do it....
fact checker

Louisville, KY

#15 Nov 8, 2013
lol wrote:
<quoted text>And finally, DO NOT listen to the azzclowns in this forum! NEVER go in and "just admit fault"! They will NOT just "go easy on you". Worst case scenario with a cut rate attorney (should be able to get one for around $100 on first offense, but don't expect miracles), you'll plead guilty, lose your license for 30 days, 12-20 DUI classes, a small fine and time on the shelf (time probated). Best case scenario without an attorney, lose your license for 90 days, DUI classes, large fine, and 2 weeks-30 days home incarceration or jail, AND time on the shelf. Like I said, don't do it....
As mentioned before, the penalties for each offense of dui are pretty standard so it generally doesn't matter whether you have an attorney or not for purposes of penalty. Now, as to whether or not it will help you beat the charge, you make some good points. Yes, it is impossible to quantify when you last smoked marijuana, but that could just as easily hurt your case. Let's say you smoked ten days ago and got pulled over because you kept swerving while texting someone. The cop smells marijuana in your car cause that's where you smoked it, and now has the ability to search the vehicle. Doesn't find any dope but your so nervous that he might you flub a couple of field sobriety tests. You get arrested and the test comes back positive for marijuana. So they've got bad driving, odor of marijuana, and poor performance on field tests. You're more than likely screwed, attorney or not.
fact checker

Louisville, KY

#16 Nov 8, 2013
Oh, and as an aside,.08 is not "the set legal limit" for alcohol. That's just the level where legally there is a presumption you are under the influence of alcohol and it doesn't matter how well you were driving or how well you performed your field sobriety tests. You can be convicted of DUI at ANY level of intoxication depending on how poorly it caused you to drive and/or perform on your tests.
yikes

United States

#17 Nov 8, 2013
fact checker wrote:
<quoted text>
As mentioned before, the penalties for each offense of dui are pretty standard so it generally doesn't matter whether you have an attorney or not for purposes of penalty. Now, as to whether or not it will help you beat the charge, you make some good points. Yes, it is impossible to quantify when you last smoked marijuana, but that could just as easily hurt your case. Let's say you smoked ten days ago and got pulled over because you kept swerving while texting someone. The cop smells marijuana in your car cause that's where you smoked it, and now has the ability to search the vehicle. Doesn't find any dope but your so nervous that he might you flub a couple of field sobriety tests. You get arrested and the test comes back positive for marijuana. So they've got bad driving, odor of marijuana, and poor performance on field tests. You're more than likely screwed, attorney or not.
Yeah, that's what happened. I made a little mistake in traffic and got pulled over, cop smelled put, have me sobriety tests, I failed those he kept asking if I'd been smoking and the smell made it pretty obvious so I admitted it. They tossed the car for almost twenty minutes but couldn't find any put and I kept telling them there wasn't any, I had smoked it. Really, the cops were pretty cool the whole time. Weren't jerks or anything, even at the jail. But I got to court this morning and judge just told me to come back in February because my blood test results weren't back. Didn't take my license either. But my mom and dad cancelled my car insurance two days after I got arrested so I guess that doesn't matter anyway. And they said they aren't starting it up again. But they are going to get me a lawyer now.

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