What happens if I get a new DUI charge when facing a pending DUI?
- 1. If you have a license suspended for the first case, the new one can be a class 4 Felony DUI. The mandatory minimum sentence included 4 months in State Prison.
- 2. If guilty a second Misdemeanor DUI can result in a longer jail sentence, up to 6 months.
- 3. The court may or may not have imposed conditions of release on the first case. Standard conditions of release always include, “Do not commit any new crimes.” The judge may order you to go to jail for violating the conditions of release. You will have to remain in jail until the first case is over.
- 1. Many but not all prosecutors include an “avowal” in their plea agreements. In the avowal the defendant say in writing they have no prior or pending DUIs. Lying about the avowal is a separate crime and so you should never do that. Some prosecutors do not ask for avowals. That is true for your cases you can accept the plea offers. If one prosecutor insists on an avowal and the other does not you may still be able to accept both offers.
- 2. If the 2 cases are in 2 different courts it may be possible to resolve both as 1st offenses. One or both of the prosecutors may not know about the other case. A defendant does not have to make an avowal to get a jury trial. The defendant can go to jury trial on one or both of the cases. If the verdicts are guilty the defendant does not have to say anything at sentencing. The defendant cannot lie to the judge and say they do not have any other cases. But a defendant does not have to say anything when a prosecutor asks the judge doe a first offense sentence.
New DUI- DUI Flat Fee Agreements
DUI Flat fee agreements are often used by lawyers. These are also known as “earned upon receipt” or “nonrefundable” agreements. These agreements must be in writing. The agreement must say the client can discharge the lawyer at any time and may be entitled to a refund of all or part of the fee. The only limitation on this right is if the case is set to trial the judge also has to approve the discharge. These agreements provide one fee for all or parts of a case. Some DUI lawyer use hourly fee agreements but they are much rarer. Hourly agreements provide for the client to pay for each hour of the lawyer’s time. With a flat fee the client knows what the fee will be regardless how many hours the attorney has to spend on the case.
Contingency fee agreements are another type of fee agreement. These agreements are common in personal injury cases. With these agreements the attorney gets a percentage of the money recovered. Contingent agreements are not permitted for criminal cases. and no agreement cannot say the attorney will get paid only if the case is dismissed.
New DUI- DUI Flat Fee Agreements – Different Types
There are two types of Flat Fee Agreements for DUIs.
- The first type is one which includes all of lawyer’s work on the case. This type includes jury trials and MVD hearings at no additional cost.
- The second type is a partial flat fee for stages of the case. This type can include several flat fees. For example, one fee to start the case and another fee to do a jury trial. Some of these agreements provide a extra jury trial fee, per trial. With this type if a trial ends as a mistrial, the client must pay a second jury trial fee for the retrial. Some of these partial flat fees also require an extra fee for the MVD hearing.
DUI Fee Agreements- What To Look For
- Is it an hourly or flat fee agreement?
- If an hourly agreement, how much per hour?
- If a flat fee does the agreement say you can discharge the lawyer and request a full or partial refund?
- If a flat fee is it a full flat fee or a partial fee agreement?
- If a full flat fee agreement does it include a jury trial? if not, why not?
- If a full flat fee agreement, does it include all MVD hearings?
- If a partial flat fee agreement, how much is the trial fee and is it a trial fee for each trial?
- If a partial flat fee agreement, does it include all MVD hearings and if not what is the those fees?
- Does the agreement call for paying interest on the balance due?
- Are there late fees?
- Does the agreement have a cost to change the monthly payment amounts or method of payment?
My DUI Flat Fee Agreement- Affordable Payment Plans
I offer one all inclusive DUI flat fee agreement. My agreements have reasonable payments plans individualized for each client’s ability to pay. I do not have mandatory set monthly for all cases. The payment amounts are made for each client so we can agree on a month plan the client can afford. I do not charge interest on payment plans nor any fees to change the monthly payment amount. A client’s control their financial status can change because of the arrest and so I try to keep the monthly payments low. I do not charge interest on outstanding balances and no fee to change the payment amounts or methods.
Gordon Thompson DUI Attorney
As a DUI Lawyer I know an arrest for a DUI or other criminal charge means you are no longer in control of your life
You may have to:
- Stop driving
- Attend many court and counseling sessions, thus jeopardizing your job
- Serve jail time
- Drive only a vehicle equipped with an ignition interlock device for years.
Since 1979 as a DUI Lawyer I have helped over 6,000 DUI & Criminal law clients take back control of their lives
- I prevent the immediate suspension of my client’s driver’s license
- I limit their appearances for court and counseling
- I use my 47 years of experience to try to get the Best Result possible: for my clients. The best result could be a dismissal, a reduced charge or trial verdict of not guilty
- If there is a conviction, I help my client avoid or lessen the many adverse consequences of a conviction.
My job as a Phoenix DUI Lawyer is to see each case through my client’s eyes
All of my clients are unique individuals. An arrest may trigger actions which are different for them than my other clients. My job is to anticipate and minimize the consequences for each client and their family.
I have designed my Phoenix DUI Attorney practice as if I were the client
If I were the client, I would expect my lawyer to keep me fully informed as the case progresses. I would want my lawyer to anticipate problems I may not be aware of. I would want my attorney to help me do whatever the courts and MVD said I had to do. Because that is what I expect, this is what I provide to my clients. Personalized Service is my responsibility alone.
Phoenix DUI Lawyer E-Service
- I use Encrypted email with HIPPA level security used to send information to my clients
- Text messaging for notices & reminders
- Secure online client access to dash or body camera videos
- One-click secure & convenient video conferencing available.
My fee agreement contains no hidden fees or costs or trial fees. All-Inclusive Reasonable Flat Fee with affordable payment plans.
Serving All of Arizona including Gila• Maricopa• Mohave •Navajo •Pinal • Yavapai Counties and the cities of Apache Junction • Avondale • Buckeye • Bullhead City • Camp Verde • Casa Grande • Chandler • Chino Valley • Cottonwood • El Mirage • Florence • Fountain Hills • Gilbert • Glendale • Globe • Goodyear • Holbrook • Kingman • Lake Havasu • Maricopa • Mayer • Mesa • Payson • Paradise Valley • Peoria • Phoenix • Pinetop • Prescott • Scottsdale • Sedona • Show Low • Tempe • Tolleson • Wickenburg