I need help concerning a dui case against my son.
He was stopped in Valdosta GA for failing to use his turn signal. The officer asked him if had anything to drink and my son responded yes and requested a breath test as he did not feel he was over the limit. Unfortunately he was and was charged with DUI. A lawyer whom I repair his computer offered to represent him in return for the computer work I do for him. He gave us a letter to take to my son's arraignment pleading not guilty. The lawyer did not attend with us, and the clerk seemed unsure of this but accepted the letter , stamped it and told us we could leave. 2 months later the lawyer had to retire due to Alheimerz. Now the Valdosta City court will not allow my son to return to court without his lawyer present. My son is wanting to go ahead and plead guilty and get this behind him so he can join the Army Core of Engineers, but they will not accept him until these charges are behind him.
The city clerk told us we had to file a complaint with the Ga Bar concerning the lawyer retiring. I contacted the Bar and they said that retiring from Alheimerz is not an unethical reason to file a complaint. Again I spoke with the city clerk of court and she told me now I need to send a certified letter to the lawyer and then file a complaint with the GA BAR. We would just hire another attorney if we could, but my husband and I live paycheck to paycheck and our son does not have a job. We just are at a loss as to what to do. Why would they accept a plea from the lawyer without his presence but not let my son return to court to change his plea to guilty without a lawyer?
1 Answer from Attorneys
The court can't act unless a new lawyer files an entry of appearance. He has a lawyer on record, and that doesn't just disappear unless you fire him on the record, he files a withdrawal that the court approves, or new counsel enters an appearance.
You should file a written complaint with the state bar but doesn't affect you needing new counsel. While lawyers can retire, he probably had an ethical duty to help you seek new counsel, to appear at arraignment and to return the value of the work you did for him as a refund.
Your son may qualify for appointed counsel. Have him apply.
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