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Q.I got arrested for DWI in NYC... can I fire my court appointed lawyer and represent myself? I blew a .142 ...this is my first trouble with the law. I have been to court four times since my arraignment. my court appointed lawyer only showed up twice out of those four times (the other two times she had someone "cover"). One of the times she did show up she did not file whatever it was she supposed to file in time- neither the court nor the DA recieved the papers and it was adjourned yet again. She has me holding out for a plea bargain... we are hoping to be offered a charge of "driving while impaired." when she did show up she never began any discussion with the DA or judge about a plea. I think she is incompetent and I am considering firing her and representing myself. I believe doing so will allow me to speak directly to the DA. Also, I was thinking that perhaps the prospect of going forward with a case when the defendant was representing themself would be such a headache for the DA that they would have extra incentive to offer a deal. Any informed opinions?

A.You can fire your public defender and you do not have to represent yourself. Just go to the court and ask to be appointed a different lawyer. BUT you will have to pay for both lawyers. In NH that means $1200 rather than the $650 they charge for one public defender. It doesn't really sound like you have much of a case. Maybe you need to accept that you are going to be found guilty since you blew a .142 How do you expect anyone to fight that? Don't break the law then try to find ways to get out of paying for what you have done. Stand up and say "Yes your honor I made a mistake" and hope that he will give you credit for taking responsibility for your actions. IF you represent yourself, it will be you who suffers. Th eDA's frustration is that because you dont know the law, you file incorrectly, you dont follow procedure propoerly, supply the proper info...etc and it gets frustratng, but in the end it will help us because of you lack of knowledge. THe law, its procedure are all very difficult and you need a lawyer to help you. I would ask the court to appoint you a new lawyer because you feel that you have ineffectie counsel, but that has a high threshold that you would need to prove. If you represent yourself, the easiest way to go is to plead guilty. you blew a .142, they have you, i cant possibly see why any DA in their right mind would offer a plea bargain when they got you.

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