Considering Getting A New Lawyer As I Don't Understand What Mine Is Doing.
Location: MI
TLDR: I should have gotten an easy plea deal and almost did, but I think my lawyer wants to take my case to trial and didnt properly work out my plea. I dont think Im being fully informed about anything and shes trying to make deals I didnt agree to.
Now, the long story:
I just went through my 2nd (edit, 3rd, I lose count) pre-trial today and am seriously considering firing my lawyer. I'd like to know if Im overreacting here or if theres something Im legally missing and this isn't total incompetence.
Back story - I got a sleeping in my car high BAC OWI. First time offender, would be pretty open and closed thing where they typically knock you down one level to normal OWI and I get probation, etc.
Thing is, I'm a weird edge case where a (jury) trial might be "interesting." It was my birthday, I walked to the bar that day and walked home. My car was parked in my private parking lot outside of the garage, and I said, oh, I'll pull the car into the garage, got behind the wheel, said nope, cant do this, put it in park, and then passed out. Thats when a neighbor called and I was woken up by police and so on.
My states laws are on a public roadway or accessible to the public, I was in a private no-trespassing lot. Prosecution would no doubt argue that the public could still technically access the lot, but there is at least a small argument to be made (that I dont think I would win, but is an argument).
I get a lawyer who thinks I have a good case; I tell her I want the best plea deal, she says I might even have a good trial; I said I didnt want that since I dont want the hassle or to go through something that brings in witnesses and stuff.
My arraignment was weird as I was just told by some random lawyer in a break out room that I had a pre-trial date set for whenever.
I go to my first pre-trial, wait in my break out room, get put in the main court, lawyer tells the judge she needs another date because discovery or filing motions or something or other, okay. She files a motion to get it dismissed.
I go to my second pre-trial, same deal of me waiting. I leave the break room, and then my lawyer says shes going to need to do some other legal stuff, okay, new date.
After that, she calls me and tells me shes going to basically write the prosecutor to get me a better deal or an adjacent charge (I requested an adjacent charge if possible earlier so Im not banned from Canada for 10 years. Note she is a DUI lawyer in a state next to Canada and had no idea that ban existed.) . At the end of the call, she says, oh yeah, the DA offered you Impaired when she talked to the prosecutor.
Now Im just utterly confused. If they offered me Impaired driving, which is the lowest you can get and least penalties before it being thrown out; why didnt she tell me it was on the table before she addressed the court? I would take Impaired over some higher adjacent charge.
So I then do the MADD panel and a psych evaluation to show that Im not an alcoholic or a future risk and all of that for her letter of bargaining with the prosecutor. She sends the letter that explains who I was, what happened, that it was a fluke because it was my birthday and I had no intent to drive. Thats fine. The giant red flag is this: she attaches my entire psych evaluation to it. She doesnt just attach the page that says "arrogancygames has passed his psych evaluation and is no danger of alcoholism," she sends my entire report where I talk about teen suicide attempts, trying recreational drugs in my twenties, just my whole life just given to the prosecution for no reason. This was specifically after the psychiatrist told me "youre way too honest and open, dont give the court any extra information."
In the meantime, shes telling me I have a really good case and she really wants to take it to trial because she thinks she can win and I reiterate, no, I dont want that, just ask for an adjacent charge and see if they take it, and if not, then lets try to get the best deal.
So that huge red flag happens, then I dont hear anything for the next month and a half or so (it has been 6 months at this point), then the next pre-trial happens, which is where we are now.
Break out room again, and then I go in front of the judge and my attorney stalls again, so I have yet another pre-trial coming up.
She then calls me and tells me that she offered an adjacent charge that was actually a worse charge and STILL wouldnt allow me into Canada, and got turned down, and they offered me an OWI. I ask does that mean they offered OWI or High BAC OWI (two different charges, the second being worse). She doesnt answer and kind of evades that and says that Im being offered a high charge, and then states she did a good job. Then she reiterates she can win this case and that its my choice but she really think shes got a jury win here. I then hang up to think about everything since the case seems to be moving backwards for me.
I then email her, asking why I was sitting on a plea deal for the lowest related charge and I just asked for a little pushback, how is it getting upped? She said "this was a different prosecutor that didnt see the letter," and that she offered Reckless Driving as a counter charge and the prosecutor went back to consider that. I look up Reckless and its even worse than my actual charge in penalties! I ask her what shes doing and then she responds that she thought not having an OWI on my record was most important (oh and having my license revoked as opposed to temporarily suspended wouldnt be important, and why did she even offer that without telling me).
Theres also a lot of other stuff, like her addressing the judge with useless information and him complaining to her about it and basically saying stop talking, asking about jury trials on the arraignment, telling the judge she wants this other pre-trial because she has a GREAT jury trial, etc. And when I look up things and ask, "wait, cant we just..." she says I'm being "too smart, but this is her area of expertise" and then I see weird stuff happen.
Edit: Oh, and she also told the prosecutor I didnt want the hassle of a court case because, and I quote, "Im honest and dont bluff, but maybe I shouldnt have said that." What?!
Long story, sorry, but this has been a 7 (and soon to be 9) month process that is getting worse and worse for what should have been a decent plea deal. There have been multiple instances of my lawyer addressing the court and offering stuff to the prosecution without talking to me first, which just seems crazy to me. I think she just really wants an actual trial because its such an edge case that she can make good jury arguments, and would get paid more, and Im getting screwed in the process.
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