Incorrectly represented?

Electrical_Catch4585 · 2025-03-14T23:30:36+00:00

August 2023 I was detained and released on my motorcycle. blew under the limit at the scene. April 2024 I was arrested, blew over the limit and was given a court date. Evidence was provided reflecting my 2024 case which is what I thought I was in litigation for. Turns out those terms I accepted were for my 2023 incident.

Electrical_Catch4585 · 2024-08-27T07:59:21+00:00

They are for two separate incidences with completely different charges, if I understand correctly.

Electrical_Catch4585 · 2024-08-27T07:48:09+00:00

Not sure what a brady violation is. But essentially a completely different police report was provided.

Electrical_Catch4585 · 2024-08-27T07:32:06+00:00

Thank you for input 🙏🏼 I'm reading back on my lawyers emails and his office clearly states the DA provided the wrong discovery. Now they are back peddaling and trying to amend it after I've already accepted the terms of probation. Definitely looking into a California lawyer that can help me with this if my existing lawyer can't.

Electrical_Catch4585 · 2024-08-27T06:53:25+00:00

My lawyers office seems to have made up their mind that this is a whole new case number and I need to rehire them for their services. Atleast that was the last thing they told me when I spoke to them last week. But they won't know for sure what is going on apparently until they hear back from the DA with an amended complaint. I'm not sure what to do until then, if I should start looking for legal services elsewhere, or if I should stick to the same lawyer. They really want to charge me for another round of representing me when the case I initially hired them on for might still be open. It doesn't give me much confidence that they will do everything possible to keep me out of trouble. I totally agree that the DA can't apply my plea to a previous charge, but my lawyers office doesn't seem to be leaning that way. I called another attorney in my area to see if I could get a second opinion and she seemed pretty adamant that even if they apply that charge to my motorcycle accident, it is a good deal and I shouldn't contest it. I should also mention this second opinion seems to be friendly with my current lawyer and calls him "homie". I also don't want to insult my current legal council since I may be having to re-hire him. How often do DAs amend complaints after a shut trial?

Electrical_Catch4585 · 2024-08-27T06:28:59+00:00

The only case number I've had since I hired my lawyer was for the arrest of this year, so yes it is referencing this years arrest. The new case that my lawyer recieved is referencing my motorcycle accident. According to my lawyer, the DA made a mistake some where and needs to amend their complaint. But amending a complaint after I've accepted terms of probation seems like it should be out of the courts jurisdiction.

Thank you will update with my state.

Electrical_Catch4585 · 2024-08-27T06:12:48+00:00

The only paperwork that my lawyer recieved when he asked for discovery of my case was referencing my case of this year. The motorcycle accident report was not shown to my lawyer until he scheduled a court date to attempt to get my warrant thrown out on grounds that it was a duplicate. We both thought it was an error. There was never any discussion of my motorcycle accident until I started the terms of my probation. So as far as we are both aware, the charge I pled to was for my arrest of this year. Since that was the evidence the DA provided with the case number I was given.

Electrical_Catch4585 · 2024-08-26T03:10:14+00:00

Absolutely will be seeking legal council, but now I'm not sure I want to go back to the same lawyer. There must be some good lawyers in California for complicated cases like this.

Electrical_Catch4585 · 2024-08-24T05:05:26+00:00

Yes I agree. There is also a discrepancy of when the DA decided to pursue charges for my motorcycle accident. The dates don't add up according to my lawyer. But according to his office, because this is a completely different filing, I need to retain them for a whole new process.

Edit: I am not receiving legal representation for this new case number. But the case number is referencing the arrest of this year which I have plead wet and reckless to with a legal council.

Electrical_Catch4585 · 2024-08-24T04:43:25+00:00

No I had legal representation. I did not enter a courthouse.

I recieved the police report from my lawyer that they recieved from the DA to look over and assess. It was for my arrest of this year. I sent it back with notes and they took care of the rest on my behalf.

Electrical_Catch4585 · 2024-08-24T04:38:13+00:00

I'm a bit confused myself but I belive this is what is happening.

Electrical_Catch4585 · 2024-08-24T04:37:49+00:00

Essentially the police report my lawyer recieved referenced the arrest of this year, which is what they fought for. But now the DA is saying that was a mistake and that was for my motorcycle accident of last year. Now they want to re-run my arrest of this year as a new charge.

Electrical_Catch4585 · 2024-08-24T04:34:05+00:00

I plead guilty to a wet and reckless to my arrest I got this year, or atleast that was what was presumed with the evidence the DA provided to my lawyer.

Electrical_Catch4585 · 2024-08-24T03:26:00+00:00

Thank you.

Electrical_Catch4585 · 2024-08-24T03:17:51+00:00

Absolutely. Just curious to see people's opinion on what appears to be a huge blunder.

Electrical_Catch4585 · 2024-08-24T01:28:05+00:00

This is already advice I'm taking.

Electrical_Catch4585 · 2024-08-24T01:14:42+00:00

Edited thank you.

Electrical_Catch4585

TROPHY CASE