Legal Question in DUI Law in California
I live in California and was arressted 5 months ago, VC23153A ;VC23153B
DUI, causing injury failure to yield unsafe speed failure to stop causing bodily injury.My mom found an attorney and we hired her and gave her a 5K retainer. Since the initial meeting I have seen her in court briefly. She asked for continuances 3 times and when I have asked her why, she says she has other cases.When I last appeared in court I was told DA wants me to get 6months inpatient program or 4 months in county jail..I do not think anyone was seriously injured, and the only documentation she gave me listed a soft tissue injury as a chief complaint, but no actual medical records with a MD signature.. In either case I will loose my home, and maybe my job that i have had for 20 years as well. I repeatedly asked her whats was happening with my case, but she never returned my calls or answered emails..I think she never had time for my case I am supposed to go to court in the morning and I really do not feel like she has been actively defending me AT ALL and that she is just letting the DA win across the board . She also has never furnished me with a statement of her charges and where my money is going. What should she have been doing?
1 Answer from Attorneys
In any case there are usually a number of continuances primarily for the purpose of discovery. Discovery is the legal term for getting all the reports for a case and conducting investigations, recreations, tests and interviews. In a DUI injury (which 23153 designates) this is critical. Also, if there is an injury, the case may be a felony so more time would be needed and a preliminary hearing would be held.
Attorneys are supposed to provide an accounting of their activity if a client asks.
Bruce Kapsack
Kapsack & Bair, LLP
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