In this DWI case, the defendant has formerly entered a guilty plea to the charge of driving while intoxicated. The guilty plea of the defendant was found to be satisfactory for other charges like resisting arrest and the failure to undergo a sobriety test. Following the arraignment, the legal counsel of the defendant had filed several motions.
A New York Criminal Lawyer said the motions filed were subsequently contested until a hearing to establish probable cause was scheduled. However, the hearing did not push through on that date. The matter was dismissed later on. On the same day, a conference before the trial was held in chambers with counsels also appearing. During the conference, the prosecution offered the defendant to make a guilty plea on his charges to reduce his sentence if convicted.
Before taking the plea offer of the prosecution, the court advised the defendant of his constitutional right to appear before the jury and stand on trial. The court also advised him that the prosecution had the burden of finding evidence against him. This means that the jury must be unanimous in convicting the defendant.
A New York Criminal Lawyer said the defendant was further advised by the court that his legal counsel can question the witnesses of the prosecution. After all the recommendations made by the court, the defendant declared that he is waiving his right to appear before a jury trial. The defendant had admitted that he was drinking a six-pack of beer while he was driving his car. The court sentenced the defendant to participate in the drinking drivers program of the city, similar to programs available for drug possession crimes. His driver’s license was also revoked for a year and ordered to pay the fine.
About 2 years later, the defendant was arrested again for DWI. The legal counsel of the defendant has filed a motion seeking the court to abandon the previous conviction of the defendant. The lawyer claimed that the judgment made during that time was in violation of the defendant’s rights.
The defendant asserts in his appeal that the former conviction should be abandoned because his lawyer did not advise him to contest the charge with non-operation of vehicle. He contended that the ineffective counsel of his lawyer had resulted in his guilty plea.
The defendant recalled the events during on the day that he was arrested. According to his statement, a police officer saw him inside the car. The officer told him to vacate his vehicle and take sobriety tests. The defendant refused because he said he was not intoxicated. The police officer allegedly said that since the key was inside the ignition slot, the defendant was guilty.
The issue raised in this case involved the failure of the defense counsel to present a possible theory of defense to his client, the defendant. The court will determine if this action will deny the defendant his right to meaningful and effective representation.
The defendant’s motion is based on the issue that the previous judgment of his case was obtained because his constitutional rights were violated. The defendant also wants the court to acknowledge that he was misrepresented when his lawyer failed to advise him of an alternative defense which could lead to a different judgment on his case.
According to the provisions, the guilty plea made by the defendant will only be valid when it is the defendant has made the decision out of his own free will. The guilty plea should also be a result of intelligent decision-making on the part of the defendant.
The defendant has the burden of proof to support his motion of ineffective representation. He must prove to the court that his counsel had committed errors in advising the defendant regarding his guilty plea.
Since the defendant could not present evidence that he was misrepresented, the court denied his motion to abandon the guilty plea on his case.
If you have been arrested and charged for a DWI case, sex crimes case or theft crime, you should have a lawyer defend your case in court.The downtown offices of Stephen Bilkis & Associates are always open for your personal consultation and inquiry.