parole leaving the scene

[George4]

**sorry i put this in another thread, unsure where to put this question**


What is the name of your state (only U.S. law)? Illinois

So this may be already too late but I'm asking anyway for myself to know.

My brother went to jail for essentially being in the wrong place at the wrong time with the wrong people. He's currently on parole.

back in the summer he was out at a community bbq benefit and everyone had a few drinks. he drove down the block to move his car. he accidently hit a pedestrian at the corner. as far as I know he left the scene to the bar on that very corner. (unsure of the details of what happened when he went in- asked for help or just scared) he did talk to a couple friends at the bar. he left his car in the street and everything. so they could possibly be witnesses.

Since then we've been going to court and they dropped the 2 dui charges because he was no where near the limit. however they are trying to get him on leaving the scene of an accident now. since we couldn't afford a lawyer we just had the state defender. at this point today we were given the "deal" of doing 5 years back in jail.

is it too late to try and get a lawyer? is this "deal" absolutely crazy? i'd just like to know to put myself at ease. I know my brothers made mistakes and i know he has to pay for them.

[FlyingRon]

Originally Posted by George4

My brother went to jail for essentially being in the wrong place at the wrong time with the wrong people. He's currently on parole.

No he's in jail because he ran over someone and left the scene. Drinking, which was almost certainly a violation of his parole conditions, was involved, even if it wasn't over the per se DUI limit.

Since then we've been going to court and they dropped the 2 dui charges because he was no where near the limit. however they are trying to get him on leaving the scene of an accident now. since we couldn't afford a lawyer we just had the state defender. at this point today we were given the "deal" of doing 5 years back in jail.

"WE" aren't doing anything. It is your brother's responsibility.

is it too late to try and get a lawyer? is this "deal" absolutely crazy? i'd just like to know to put myself at ease. I know my brothers made mistakes and i know he has to pay for them.

He is continuing to make mistakes and continuing to pay for them.

If he plead guilty and accepted a plea bargain on the criminal charges, yes it is too late. If they revoked his parole, perhaps there's something a lawyer can do. We can't tell. We have no idea the circumstances of the charge or the parole.

[dave33]

You have to clarify. Was he already on parole when he had the accident? Or, is he on parole because of the accident?

[Gail in Georgia]

Actually, the person who was at the wrong place and the wrong time with the wrong people was the poor pedestrian who was innocently standing on the corner and then got run over by your brother who then left the scene.

Gail

[George4]

I said we only because i've been the one driving him around everywhere.

and honestly I don't need any smart ass remarks. i mean really learn some manners and decency.
However, thank you to those of you who do have some actual information to share.

He was on parole for something completely different from years ago. It was the girl that was with him who was at fault for that. She admitted it but it didn't matter since they were together.

And the person he "hit" actually was just bumped backwards and just broke his hand. it wasn't some hit or slam or anything. nothing happened to the car. the guy got right back up. This person admitted to not looking and crossing the street when and where they weren't supposed to. There is one of those flashing crosswalk things through out the whole street.

His parole office said drinking wasn't a problem at all for his parole. The parole officer had decided a long time ago she wasn't pursuing anything against this incident.

I'm not actually sure what if he ever plead guilty at this point. When is it that you have to plead that? Since we already know the prosecutor wants to give him 5 years. So does that mean he already pleaded? We found that out today and the public defender asked for a continuance until December to discuss this with my brother.

[FlyingRon]

Originally Posted by George4

and honestly I don't need any smart ass remarks. i mean really learn some manners and decency.

You won't get far slamming those who give it to you straight.
You can learn to type in sentences in proper English. Those volunteering their time to answer your questions would appreciate a little consideration as well.

What didn't matter since they were together? What was he convicted of before?

And the person he "hit" actually was just bumped backwards and just broke his hand.

Then the man was seriously. It doesn't matter if your brother was at fault for the accident. He is not supposed to leave the scene. Especially not when injury or death is involved.

I'm not actually sure what if he ever plead guilty at this point. When is it that you have to plead that? Since we already know the prosecutor wants to give him 5 years. So does that mean he already pleaded? We found that out today and the public defender asked for a continuance until December to discuss this with my brother.

If this is continued, then he hasn't been found guilty at least so he can most likely enter or change a plea of not guilty. However, what makes you think that he's not guilty. It looks pretty straight forward.

However, something isn't right here. Five years is the MAXIMUM you can get for hit and run, so they appear not to be cutting him any break on the charge. There is a minimum of one year for this.

[George4]

I thanked those who do spend their time to answer questions. I was mostly trying to clarify for those who asked for more clarification. Those who make pointless comments and are not answering any questions are who I was "slamming". There is no need for any sort of attacks here. This site is for helping. Their needless comments are to make the person posting feel bad. So those people shouldn't waste their precious time then.

When I said "He was on parole for something completely different from years ago. It was the girl that was with him who was at fault for that. She admitted it but it didn't matter since they were together." The didn't matter part was that he was with the girl. It was her fault but because they were together he still got in trouble.

You said "Then the man was seriously. " did you mean injured? See you can make mistakes too when typing. If my supposed horrendous typing bothers you it's because I'm upset a family member has made mistakes and now is going away.

it does look straight forward, yes. However, the public defender was surprised they offered 5 years. She thought that was high. Which is why I'm confused, asking and trying to understand this whole situation. That's why I asked if 5 years is a lot. She also said it could have been more like 6 or 7 years.

You say there's a minimum of 1 year? I didn't know that. I read some things in my state where people only got community service for leaving. but I'm not sure how old those articles were. So since he was already on parole I was thinking it'd be like 2 years or something not 5. he "ran" like 15 ft from where his car was.

[Indiana Filer]

Originally Posted by George4

You say there's a minimum of 1 year? I didn't know that. I read some things in my state where people only got community service for leaving. but I'm not sure how old those articles were.

But did those people who only got Community Service leave the scene after causing serious bodily injury to an innocent party?

[dave33]

O.k. to start with, his probation is for a serious crime.At least I think with a deal like 5 years being the 1st offer they must be taking this very seriously. Is his probation for something similiar? How many years of probation? Also, along with probation did he also have a suspended sentence? Now, as far as the attorney goes, if he has NOT pleaded yet than if at all possible retain private counsel. Since I do not know the entire situation, you have to take that into account as you read my suggestion.The 1st thing I would do is get 2k and plan on retaining counsel with that at a minimum. Than I would go see the lawyer. I would also be tempted to bend the truth just a little. Here's what I would say and do. I would tell the lawyer we already got offered 4 years. So my question is how much more of that time can you get knocked off and what is the price for such a service? You can very respectfully explain that he can go to jail for free, but you would rather pay and see him get out. I am fairly certain that the previous charge is where a large portion of the problem exists. goodluck.

[FlyingRon]

Originally Posted by George4

. Those who make pointless comments and are not answering any questions are who I was "slamming".

You can't slam the board posters without slamming the board posters. No matter how quaint you are thinking you are by qualifying it, it's a general insult and WILL NOT GET YOUR PROBLEM SOLVED.

When I said "He was on parole for something completely different from years ago. It was the girl that was with him who was at fault for that. She admitted it but it didn't matter since they were together." The didn't matter part was that he was with the girl. It was her fault but because they were together he still got in trouble.

That is still a nonsensical statement and tells us nothing. WHAT WAS THE CHARGE. Who you think was at fault doesn't matter. It was a conviction and that stands.

Seriously Injured. He had a broken bone. That's the Georgia standard. It's what elevates this from the $1000 / 1 year maximum misdemeanor to the 1-5 year felony.

it does look straight forward, yes. However, the public defender was surprised they offered 5 years. She thought that was high. Which is why I'm confused, asking and trying to understand this whole situation. That's why I asked if 5 years is a lot. She also said it could have been more like 6 or 7 years.

You need to show us the actual charge. As I said, the leaving the scene of the injury accident maxes out at 5 years.

You say there's a minimum of 1 year? I didn't know that. I read some things in my state where people only got community service for leaving. but I'm not sure how old those articles were. So since he was already on parole I was thinking it'd be like 2 years or something not 5. he "ran" like 15 ft from where his car was.

What applies in your state is immaterial. I told you what the Georgia law is in this situation as near as I can tell form the limited information presented.
If there is no serious injury, you can get a $300 fine on up with no jail time at all up to $1000/year. In this case however it's 1-5 years.

You say the "parole" was OK. But I've got my doubts. He's quite possible that he's looking for both time on this charge and issues with his parole.