3rd. D.U.I.

[j.d.]

In two days my son has to go to court to accept a plea. He has been offered one yr. in lockup tdc chemical abuse/treatment or one yr. county jail. He had a dui fourteen years ago then two in one yr. , last yr. They said they could go for a life sentence..because he has had one other felony conviction from many years ago. non violent, not dui either. No accidents...ever. We have pretty much accepted this as the way it s going to be. His attorny says he should take the offer. Is there ANY way to get less time on this charge? They have tape of him after arrest. No blood test, no breath test. Also have eye witness affidavit?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by j.d.:
In two days my son has to go to court to accept a plea. He has been offered one yr. in lockup tdc chemical abuse/treatment or one yr. county jail. He had a dui fourteen years ago then two in one yr. , last yr. They said they could go for a life sentence..because he has had one other felony conviction from many years ago. non violent, not dui either. No accidents...ever. We have pretty much accepted this as the way it s going to be. His attorny says he should take the offer. Is there ANY way to get less time on this charge? They have tape of him after arrest. No blood test, no breath test. Also have eye witness affidavit? <HR></BLOCKQUOTE>


My response:

If this was me, I would never accept going to jail or prison without a fight. Your son is entitled to a trial on the merits. It sounds to me like your son's attorney just wants to avoid spending time on a trial. Your son has a Constitutional Right to confront his accusers at trial, and also to dispute any evidence against him. The witness will probably not testify, or if the witness does testify, will probably make mistakes on the stand. No maam, get your son that trial. He will be doing a great disservice to himself if he merely accepts a plea bargain.

IAAL


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[Edward]

Of course, if he is guilty, then he should rot in jail a great deal longer than 1 yr.

 

[IAAL......]

Thank you IAAL for your quick, encouraging reply. I have also felt the same way. He has never had a trial, and the other time, took the "plea" that was offered.
Everyone is entitled to a trial, but there was some "implication" by his attorney, that if it went to trial, that the D.A. would go for everything he could. Small town, East Texas area....dangerous place to be, and to not be "from" either. Everyone there knows everyone else, good 'ole boy enviroment. They sentence to life for stealing candy bars over there.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by IAAL......:
Thank you IAAL for your quick, encouraging reply. I have also felt the same way. He has never had a trial, and the other time, took the "plea" that was offered.
Everyone is entitled to a trial, but there was some "implication" by his attorney, that if it went to trial, that the D.A. would go for everything he could. Small town, East Texas area....dangerous place to be, and to not be "from" either. Everyone there knows everyone else, good 'ole boy enviroment. They sentence to life for stealing candy bars over there.<HR></BLOCKQUOTE>


My response:

Thank you. Please let me know how it goes at his preliminary hearing and, if he pleads "not guilty", when his trial will be scheduled.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Edward:
Of course, if he is guilty, then he should rot in jail a great deal longer than 1 yr. <HR></BLOCKQUOTE>


My response:

Edward, you know me by now, and I think you know where I'm headed with this! Even DUI's have Rights too, especially when faced with a potential "life term", right Edward?

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[smileyhapy]

I am from East Texas too. I would take the plea. If it goes to trial, he will get lots of time in Huntsville. I have seen a lot here and I trust the lawyers advice on this board, but as you say, East Texas is a good 'ol boys town and you stand a good chance of him getting up to 10 years if he is found guilty. Three strikes law might come into play. The DA in this area have large canine teeth and I want to warn you about the chance of his spending time in Huntsville. I think your lawyer is trying to tell you something. Listen to him. I don't think he is trying to get out of working for you. DUI's are not tolerated in this bible belt and the risk here is great. If he takes rehab for a year, he will go to a residential unit and although it will be on his record, he won't have to endure the time in prison. I know I am repeating myself but I have seen many people screw up their lives by thinking that they can win over the system. Trials are not always fair and you have to remember the people in East Texas are the people that are going to be judging your son. They are conservative, bible belt, non-drinking and trust me, if you have a trial in Tyler, you will only get to see your son on Sunday's and that is only after they get him out of the hell holes that they call county jails here. Have I made my point?

 

[j.d.]

Most definately, smily. I am listening.

We have to weigh the risks involved since we are not "locals". The D.A. has already chosen to prosecute this as a felony offense since the new laws allow any and all d.u.i. convictions to be considered, no matter how long ago they occurred. The old laws would not have considered anything over ten years prior. A Houston attorney told him they could go for "habitual criminal" if they chose to, based on his prior record.

 

[smileyhapy]

That is what I meant. Now I know that you have a Houston attorney, I know they will try and show him up. He will end up with a record anyway. I fully agree that he has a right to trial, but I am telling you, I have not seen anyone walk away with less than 10. I think they like to show DUI cases as being examples. They are running ads on tv about the schools and MADD and there is a new drug and alcohol awareness program they are introducing in the Tyler area schools because there have been so many alcohol related teen deaths. It has been pushed into everyone's face and indeed it should but the issue here is what would be the right thing to do in the justice arena. I would take the plea. No I am not an attorney and you can do what you want, but I am in the courtroom a lot and want to warn you of the potential sentence. There is a judge in Tyler that will rip his head off and spit in it and I dread that courtroom let me tell you.

[This message has been edited by smileyhapy (edited September 19, 2000).]

 

[Edward]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

Edward, you know me by now, and I think you know where I'm headed with this! Even DUI's have Rights too, especially when faced with a potential "life term", right Edward?

IAAL
<HR></BLOCKQUOTE>

Totally agree. Having seen first hand the mess that DUI's can cause, if they are guilty then they should rot in jail.. but of course, after a fair trial.

 

[Freakmama]

Um, no, they just shouldn't be allowed to drive ever again. Simple as that. Punishment should fit the crime. We aren't talking about vehicular manslaughter here, Edward. Of course, I suppose you believe that anyone caught with a joint should rot in jail too.. whereas I believe people who *hurt* others should do time, and those who hurt *themselves* should get help, and perhaps more creative punishments.

better a bleeding heart than none at all...

 

[Edward]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Freakmama:
Um, no, they just shouldn't be allowed to drive ever again. Simple as that. Punishment should fit the crime. We aren't talking about vehicular manslaughter here, Edward. Of course, I suppose you believe that anyone caught with a joint should rot in jail too.. whereas I believe people who *hurt* others should do time, and those who hurt *themselves* should get help, and perhaps more creative punishments.

better a bleeding heart than none at all...

<HR></BLOCKQUOTE>

I have no problem people doing harm to themselves. You want to smoke a joint or kill yourself with herion then go right ahead. Couldn't give a damn.

But you get on the road as DUI then you are putting others in danger and for that, you should rot in jail. I do not care if you managed to get to point B, the fact that you knowingly get into a car whilst intoxicated and knowingly drive and know that you 'may' kill someone is to me attempted murder.

 

[j.d.]

Thank you.

He has not had any accidents, fortunately. Is paying restitution, has a good job, pays child support and since the dui arrest last year, has been diagnosed as bipolar, which he had never been treated for. He has self medicated with alcohol. Not asking for sympathy, just fairness and legal options.

Can't help but relate, when I heard last week that Joan Kennedy was arrested for her Fourth...dui. She has never been to jail or prison and never will go.

 

[Edward]

Rich people rarely go to jail and are nearly always above the law. just ask OJ !

Anyway IAAL answered your question. We are just chewing the fat now.

 

[pmincey]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by j.d.:
In two days my son has to go to court to accept a plea. He has been offered one yr. in lockup tdc chemical abuse/treatment or one yr. county jail. He had a dui fourteen years ago then two in one yr. , last yr. They said they could go for a life sentence..because he has had one other felony conviction from many years ago. non violent, not dui either. No accidents...ever. We have pretty much accepted this as the way it s going to be. His attorny says he should take the offer. Is there ANY way to get less time on this charge? They have tape of him after arrest. No blood test, no breath test. Also have eye witness affidavit? <HR></BLOCKQUOTE>