DUI Charge Reinstated After Prosecutor's Appeal

[bluefog03]

My question involves criminal law for the state of: NY, Clinton County

Hello everyone. I apologize ahead of time about the lengthy post. I really need some guidance and assistance. In May, 2011 I was arrested for my second DUI. The first DUI I was arrested for I had reduced to a DWAI, because I blew a .081 and I went through all of the impending court mandated requirements. That was 5 years ago. This recent one I blew a .1 and started a very lengthy legal battle.

I could honestly write a novel about my life over the past year, but I will summarize. I have been to rehab, successful, released, and have been sober for 1.5 years. Over the past year and a half I worked with the Judge and my lawyer to work on a reduction to the DUI, as I am a teacher and don't want it on my record. Needless to say, after countless months dedicating myself to the community (playing benifits... raising money... i am a musician), guest speaking on behalf of the addiction services in the area (testimonial of my recovery), and selfless dedication to my school and my students, the Judge dismissed my charge. I have been to court 30 times and was stalled by the ADA and DA over the last year and a half, hoping for a reduction, and when one finally didn't come, given all the things I have done for the community, the Judge ruled based on merit, time served (1.5 years w/o a license and in limbo), that she would dismiss the charge.

It was the most amazing day of my life. Everything I had worked for and put into reforming myself... going through rehab... and helping countless people in my community won me my freedom - or so i thought.

Where things kinda spiral downhill and put me on this forum... is the DA appealed my charge to the County and got it overturned. Apparently there was no Clayton hearing ... and the former judge should have had. I was summoned into court to find out that their is a NEW judge and the former judge which I've been working with has retired (convenient for the DA), and now this new judge just wants to go to trial. He's treating me like I'm some horrible person, and I feel like I'm stuck at day 1. So I've talked to my lawyer and he told me he was going to refile the papers w/ intent on a clayton hearing, which he hasn't, and the last time I went into court which was last week... the DA is filing a motion to have him removed from my case. Apparently the officer who arrested me has been represented by my lawyer! When I hired this lawyer he assured me from day one it wasn't going to be an issue. I've payed him $4,000 and I'm flat broke from rebuilding my life.

So the charges stand. My lawyer might be pulled from the case... what do i do! Help! I mean i know that I made a mistake, but this just isn't fair. I worked so hard for this, and rebuilt my life. If i have to plead or am convicted... this will all come crashing down. I already lost everything once... rebuilt my life, got a new job, completely sober(AND SMOKE FREE quit on the same day!), new job, new life... and now this. I have applied for permanent certification and the board of ED wants to see this relinquished before they agree. They aren't happy its' back... If my lawyer get's tossed from the case... I can't afford a new one.

I'm freaking out.
Advise please.

-blue

[Mr. Knowitall]

A Clayton hearing is for the purpose of determining if a confession is voluntary. When you say "the Judge ruled based on merit, time served (1.5 years w/o a license and in limbo), that she would dismiss the charge" do you mean that the judge threw out as involuntary a self-implicating statement that you made and found on that basis that the charge should be dismissed, but did not first hold the required hearing on the voluntariness of your statement?

So I've talked to my lawyer and he told me he was going to refile the papers w/ intent on a clayton hearing, which he hasn't...

Because of what? He's waiting for the prosecutor's motion to be resolved?

the DA is filing a motion to have him removed from my case. Apparently the officer who arrested me has been represented by my lawyer! When I hired this lawyer he assured me from day one it wasn't going to be an issue.

It normally wouldn't be an issue, and would normally be something the judge would want to see raised in a timely manner. We have no information about the motion other than that it's pending, so talk to your lawyer about it.