April 22, 2026
Not Guilty Chapter 13 | More about Lawyers
AT ALEXIS’ NEXT COURT APPEARANCE, Charles wanted to know if she wanted to take the “deal”. She didn’t know what to do. She was supposed to work that night. She couldn’t go to jail! She literally waited two hours before her turn in front of the judge came up. She appeared with Charles, who told the Judge she was going to take the deal. The Judge told Alexis to raise her right hand, and swear to tell the truth. The Judge asked her if she was pleading guilty. She was terrified, but she said “no”. She could see Charles huffing and puffing, and getting redder and redder out of the corner of her eye. She said she wanted a new lawyer. During court, she had observed a lawyer who was talking to his clients in the hall. Dan had been the lawyer whose name and number were etched into the wall at the jail. She watched Dan argue to the judge on behalf of his clients. She had never seen Charles do that. She talked to one of the people who had Dan as her lawyer, and that lady told her she was happy with Dan. She gave her Dan phone number. So Alexis told the Judge she wanted Dan as her lawyer. She could see Dan watching awkwardly from across the room. Charles was upset. The Judge asked her if she was “firing” Charles. He suggested maybe they should go out in the hall and talk about this. Charles promptly told the Judge he would withdraw. The Judge asked Alexis if that was okay. “I guess so? Um, yes.” Dan approached but told the Judge that he could not enter until he and Alexis had time to talk. The Judge gave Alexis another court date. Dan approached and pulled out his calendar to schedule an appointment to meet. Alexis asked about the money she had paid Charles, and Dan told her that she would have to talk to Charles about that. Dan told her when she called Charles to ask about the fees she had paid him, she should also ask for a copy of her file. Dan gave Alexis a business card, and then quickly returned to the courtroom. This was Alexis’ sixth court appearance.
Defendants are entitled to effective counsel (lawyers) of their choosing. If a defendant is not happy with his or her attorney, he has the right to discharge (“fire”) his current lawyer and seek a different lawyer. The next lawyer likely will not speak with the prospective client until that person has ended his relationship with the last lawyer, and the new lawyer is going to charge their own fees for his or her services. The defendant is entitled to a copy of his file from the last lawyer, who is required to keep a copy for up to six years. Whether or not the defendant may get a refund from that lawyer will depend on what kind of fee agreement he has with that lawyer, and how much time the lawyer has put into the case at that point. Lawyers are required to keep unearned monies in trust, so if the lawyer has not yet earned all the money paid on retainer pursuant to the fee agreement, a partial refund might be possible. It will be entirely dependent on the fee agreement contract. The new lawyer will expect to be paid for his or her services, regardless of what was paid to the last lawyer.
The court may not allow a defendant to fire an attorney if they do not have another attorney lined up to take their case. If a defendant is wanting to fire a public defender, the court may not allow that attorney to be discharged. There are not unlimited public defenders, and the court may feel like the defendant is better off with a lawyer they don’t like versus no lawyer at all.
Alexis hired Dan, who went back through much of the same process as Charles had. But Alexis was much more comfortable with Dan. Dan returned most of her calls, answered her questions, and explained things in a way she understood a little better, though sometimes it still felt like he was talking in Greek. Dan did tell her that Charles was a good lawyer, but Alexis was so much happier with Dan as her lawyer.
Dan requested the discovery again, and met with Alexis to review that. He mailed it to Alexis ahead of time, and he also looked over Alexis’ notes about what Alexis felt was incorrect in the police reports. At his office, they reviewed the “dash cam” videos from the police car. Alexis was horribly embarrassed while they listened to her obscenely drunk conversation with the officer on the way to the jail. Alexis asked if she had any defenses. Then Dan had a conversation with the prosecutor about the case. When he and Alexis next met, Dan had a new offer for her:
Plead guilty on the DWI and Resisting Arrest, dismiss remaining counts, two days shock, to be served on the ankle monitor, with an SIS and five years’ P&P.
Translation: Plead guilty to the B Misdemeanor DWI and the E Felony Resisting Arrest for a suspended imposition (SIS) of sentence and five years’ probation on the felony, with two-days shock jail time to be served, but on house arrest, for the misdemeanor. As long as she took the deal, the other charges filed against her would be dismissed. The SIS meant that this would not stay on her record, as long as she successfully completed her probation.
While Alexis appreciated that Dan had taken time to talk to her and help her understand what was happening, she was still scared and confused. She certainly was not happy to be in this situation. Although Dan assured her that the offer was good, Alexis was thinking about demanding her right to a trial. She thought maybe the State should have to prove their case against her. Dan said she was entitled to do that if she wanted. Then he reminded her about the dash cam video showing the high-speed chase, her crashing into a ditch, and climbing out of the car falling over drunk. Dan was convinced that she would be found guilty at trial, and that the offer that had been made was better than risking sentencing after being found guilty.
*Disclaimer:
This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!
