Legal Question in Criminal Law in Texas
DWI & DWLS possible malpractice
I was arrested in Dallas in May '05 for a DWI and that case is still pending. My attorney filed for an ALR and that exteneded my driver's license for a period of time. however, he didn't proceed with the occupational license until after my ALR had been denied and my license was suspended.
I was later arrested for driving w/suspended license. Next day, a bondsman got me out. I took the DWLS to exising attorney and paid him to handle it. Six weeks later I was again arrested for a warrent related to this case. Now, my bond was 1200 cash. While in Jail, I called and left several voicemails with my attorney. Later my friend called him and my attorny said he was 'working on it' and that I should be out after lunch. He also lied to my friend and said that his office 'recalled the bond' or something because i failed to come in and sign a contract. My attorney never got the bond reinstated and the following day, my friend came up with the 1200 cash and bonded me out.
I was arrested on thursday night and now it's monday morning and my attorney still hasn't called me back.
Isn't this legal malpractice? Am I entitled to some sort of damages? Problem is that I�ve already paid this guy for my DWI & DWLS.
2 Answers from Attorneys
Re: DWI & DWLS possible malpractice
Whenever I get these kinds of questions I always advise defendants to focus on the criminal case at hand FIRST, then consider any complaints against counsel. I would advise you to contact another DWI lawyer in your area and speak with them before you do anything else.
Best Luck
JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER
WWW.JOHNTFLOYD.COM
Re: DWI & DWLS possible malpractice
Mr. Floyd has given you good advice. It is the best course to follow to protect yourself.
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