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We had a threat on this a couple of months ago...whether we should/would advise unrepresented defendants of the new collateral consequences of a DWI guilty plea. So what are some of you doing? I have two DWI's set for docket call next week.
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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If you volunteer to provide advice, you do nothing but risk giving incorrect advice and, thereby, rendering the plea involuntary. The same thing is true for other areas where no advice is required (probation eligibility; firearm law; immigration). We provide no advice. The notice will come in writing from DPS.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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John Bradley and others convinced me there was no requirement or necessity to say anything about collateral consequences to a DWI defendant who is going to plead without an attorney. That is what I am sticking with for now.
 
Posts: 9 | Location: Rusk, Texas, U.S.A. | Registered: December 29, 2002Reply With QuoteReport This Post
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That was always my inclination, but I wanted to make sure the experts agreed. Thanks!
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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