Lawyer messup???

[bucs1055]

What is the name of your state? Oregon

Does anyone know if it is a lawyers obligation to tell someone who accepts a plea bargain with a $500 fine and bench probation that their driver's license will also be suspended for 1YEAR!!

My boy friend pleaded out to false info to a police officer in Aug. 2005 and NO ONE ever said anything about his license being suspended. What his lawyer had him plea to apparently has a automatic 1 year suspension under a Oregon statue, but shouldn't his lawyer(public defender) have advised him of this BEFORE he accepted the plea, he drives for a living and we don't know what we're going to do.

If anyone has any knowledge in this area, please respond!!!

 

[Kane]

If I answer, but leave something out you later think I should have told you, are you going to sue?

Also, if your bf had rejected the plea offer, and gone to trial instead, would he have won?

 

[bucs1055]

Thanks so Much!

I'm not quite sure what your response means or how it is supposed to be helpful. I posted because I was hoping someone could give me some insight as to whether the case could be reopened since my boyfriend should have been notified that his license was going to be suspended if he accepted the plea. I was not looking for a sarcastic post!!! My boyfriend is not trying to get outr of anything or get his PD in trouble, he just doen't want to lose his license. I am glad there are some, actually helpful posters on this boards and not just people who feel they need to make STUPID replies when people are looking for advice that will be helpful to them!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Kane]

Sometimes I need more information, before I can decide whether or not to try to answer somebody's question.

This is one of those times.

Also, what Oregon law or regulation was his license suspended under?

 

[seniorjudge]

What is the name of your state? Oregon

Does anyone know if it is a lawyers obligation to tell someone who accepts a plea bargain with a $500 fine and bench probation that their driver's license will also be suspended for 1YEAR!!

My boy friend pleaded out to false info to a police officer in Aug. 2005 and NO ONE ever said anything about his license being suspended. What his lawyer had him plea to apparently has a automatic 1 year suspension under a Oregon statue, but shouldn't his lawyer(public defender) have advised him of this BEFORE he accepted the plea, he drives for a living and we don't know what we're going to do.

If anyone has any knowledge in this area, please respond!!!

The lawyer who was representing the defendant told the defendant what could happen in the criminal charges that the lawyer was representing the defendant on.

The driver's license thing was a collateral problem.

I think (personal opinion) that the lawyer should've told the defendant of this possibility.

I do NOT know if this possibility was included in the original charge or not. If it was, then the lawyer definitely had a duty to tell the defendant what was going to happen.

So, we must know the statute number which the defendant pled guilty to.

 

[bucs1055]

Fyi

Just in case you guys are curious, my boyfriend's lawyer was shocked that his license was to be suspended. She has already had the plea withdrawn and he will be pleaing to the charge again without the penalty of the driver's license suspension.

 

[seniorjudge]

Just in case you guys are curious, my boyfriend's lawyer was shocked that his license was to be suspended. She has already had the plea withdrawn and he will be pleaing to the charge again without the penalty of the driver's license suspension.

That lawyer must be brand-new and not very knowlegeable OR worried about a malpractice suit OR an ethics violation complaint....

 

[garrula lingua]

It's very common that attys do not know the DMV consequences of a plea.

DMV regs are difficult to understand, and even if the law says the DL must be suspended, many courts fail to send an abstract to DMV for suspension.

This is so common for attys not to know, I wouldn't consider it malpractice.

Sounds like the atty is trying to reverse any dmgs, but if Defendant goes to trial, will he come out any better ? maybe not..= same result.

It's not the atty's fault that the defendant committed the offense.

 

[bucs1055]

Misunderstanding???

Oregon

Wait, we are not planning to sue or anything.

Alot of people in this country are to quick sue about anything and everything, which is a big problem.

All my boyfriend and I wanted was a quick resolution to this.
And I posted to find out if he should have been informed before he pled out, so we would know if his attorney would even help us.

I'm sorry that there was the assumption, I think, that we just wanted to know if we could sue.

Oh, and his attorney seemed liked kindof an airhead, sorry if thats offensive to anyone