Are you supposed to follow the instructions of your probation officer or lawyer?

[arne33]

I have a dismissal hearing in texas but reside in california..I was given a pretrial diversion in the state of texas but was allowed to continue my pre trial diversion in my state of california..now the dimissal hearing is tomorrow and I get a call from my attorney stating I have to be there even though my probation officer told me in an email and over the phone (which I have proof of) that the DA's office said I do not need to be come to Texas for the dismissal hearing. I did everything I was told to do...but my attorney is a nasty woman just trying to make extra money from me..long story..and I think she just wants to mess with me and make me come out there for nothing..I am also on a medical leave and have a note from the doctor stating I am not allowed to fly due to my condition..(I just had surgery)...I faxed the letter and proof from my PO to my attorney but she says I will have a failure to appear...it's just odd because it's a dismissal..and aren't I supposed to listen to my PO more than my attorney that has constantly tried to cheat me into paying her more? She even sent a stand in attorney at the time of the plea and he made a mistake and failed to have me sign a contract saying I will be at the hearing when my probation for one year is up..due to her mistake, I had a warrant out for my arrest and she wanted to charge me $250 to fix HER mistake..she charged me a set price for the whole thing in the beginning..and after coming to court 45 min. late each time..she texted me to send her a check for $80 each time she drove to the courthouse for gas and mileage which she never discussed..it even says on my check that the amount was for the whole case..I even had a witness to it..and even spoke to friends about it being the reason I went with her as opposed to other attorrneys because it was the lowest I would have to pay..she even said she doesn't do this for money..but for fun necause she just went through a divorce and got a great settlement and didn't need the money..but once she cashed my check..all she talked about was money and started harrassing me through text messages..so I heard from her 4 days prior to having to appear in court..when she knows I live in another state..and regardless of my surgey..I can't fly when I call in sick or am on a medical leave..I work in the airline industry..she knew that..I KNOW the DA does not want me to lose my job..so I'm just very worried about tomorrows outcome..I've never been in toruble before..but texas laws take things too seriously in general..do I have anything to worry about??? since I have the email from my PO and the doctors note?

[corcoran42]

If what you say is true and you have an email from the DA saying you don't have to be there, you are covered. Just explain to your PO what your attorney is doing.

After it is done, you can file a complaint to the judge and/or the State Bar about the attorney's conduct.

[colfre]

Contact the court.

[denys]

Whatever you do, keep in communication with the DA's office, explaining everything. Do not just not show up.

Keep contemporaneous (as it happens) notes of what happens, and who said what.

Also, it's worth giving your opinion of this attorney on Yelp or another review site when everything is done.