LETTERBOY

Yes, I do think another lawyer is going to be able to fix this, provided said lawyer is competent and professional, which the current one obviously isn't. Communicating in any way, shape, or form with the prosecutor by himself would be incredibly stupid on the OP's part. Anything he says is information the prosecutor could use to nail him, if he's so inclined. If OP took your advice, he'd basically be painting a bulls-eye on his back.

yandosan

I wasn't talking about the Prosecutor, I was talking about a formal letter to the Probation Department. Presumably, they still have some say in the matter.
This DUI/bench warrant/living abroad thing all happened to me, with a worst case scenario ending, and I now realize lawyers are often willing to enhance, rather than alleviate, the defendants' predicament so they can squeeze more money out of them.

chgoeditor

Also, if your attorney's behavior (neglecting to advise you of the outcome of your case) is true, you can report him or her to the legal regulatory body in the state in which the lawyer is licensed.

Often1

No. Do not do this. Formal letters to "probation departments" are exactly what OP should not be doing. This is how people dig themselves in deeper and deeper.

Get another lawyer, get his advice and follow it.

janetdoe

This. Have you contacted the attorney and asked him why you were not informed of this? Is it possible that that wasn't a condition of your deal, and there is an administrative error?

If you can't reach the attorney or he is non-responsive, then DEFINITELY file a complaint with the state bar. And get another attorney. Anything you say can and will be used against you. If you need to travel to the US for work, it is too important to sort this out on your own. Plus, lots of countries ask questions about whether or not you have been arrested or have warrants, and you want to make sure you can answer these truthfully with a "No".

chgoeditor

I think this is New Mexico we're dealing with, in which case the complaint would not be filed with the state bar but rather with the New Mexico Supreme Court's Disciplinary Board.

janetdoe

Possibly both? I'm confessing my ignorance here, but I always thought 'disbarring' or other sanction or censure by the bar was possible, independent of any government intervention.

Often1

OP - Focus on getting your situation remedied. E.g., warrant recalled, sentence properly imposed and so on. You can then make a decision about reporting your former attorney.

A big mistake to jumble two entirely separate issues. The latter won't fix the former. And, it's the former which matters to OP.

janetdoe

Won't documenting negligence on the part of the attorney help with getting the situation fixed? Honestly, when I gave the advice, I thought of it more akin to the process of filing a police report, not because you expect / care if the criminal is arrested, but more because it will help with your insurance claim.

BStrauss3

No.

The attorney is your agent, that in NO WAY removes the responsibility from YOU.

cbn42

In some cases it might. If your attorney is so incompetent that you did not receive a fair hearing then it is a violation of the sixth amendment and you have the right to a retrial with a competent attorney.

Not saying that was the case here (I don't even know if there was a hearing or trial in this case), but just pointing out that you may have recourse in some cases if your attorney screws up.

jphripjah

I'd say about half the people who have warrants for their arrest right now would tell you "Oh, my attorney told me that was resolved." Their attorneys would probably disagree.

I think you should follow Often1's advice. I wouldn't even consider flying into the US as a foreigner with an active arrest warrant for a DUI or anything else.

yandosan

Yeah, the advice you get from the attorney often has little
to with the protocol of the Probation Officer, who can be
incredibly obtuse or even lose paperwork.
In my case the attorney said I could take a new job abroad as my US job
expired but the PO didn't like that and filed a Violation. I could not find out the "real" answer because it was not written anywhere in stone.
Bottom line, take it seriously and work it out. The US legal system loves to throw people into catch-22's and you can find yourself in hot water even if you tried as hard as you could to deal with the situation.

chgoeditor

No.

Without going completely OT, attorneys are licensed at the state level. Some states have a "unified bar" where the professional association function and the licensing/regulatory authority are all combined into a single entity--the state bar association. Other states have a voluntary bar, meaning membership is optional and licensing/regulation of attorneys is handled by another governmental body.

In New Mexico's case, it's a unified bar. I don't know the details, and I haven't seen an org chart, but I assume the state bar association and the Supreme Court work together in addressing regulatory, licensing and disciplinary issues. However, if you go to the NM Bar, you'll see that they specifically say, "Don't complain to us, complain to the Supreme Court."

blue_can

Is your lawyer versed in immigration law. If not and as far as future travel to the US I would also consult with an immigration lawyer - some violations can make you inadmissible to the US and can possibly have you deported even though you may not be aware of it. I believe DUI is a deportable offence but I'm not a lawyer so I would look into it.