habitual offender charge

[johnnie61]

My husband has an habitual offender status 9th offence for driving on revoked. His attorney had stipulated that all past fines be paid (and show verification from courts), DUI class attended and completed, and that the county court in which the habitual offender charge was placed would have to be petitioned to drop the status before being able to get his license reinstated.All has been done but the petitioning, which we were led to believe by his attorney that he was going to do once we presented him with all else completed.The petition was never done so license was not obtainable to present for his next court date.My first question is: can an individual petition for such on his own or is it done only by an attorney and procedure for petition. The 9th charge is still an on going case that has had continuances for 6 months and at last court appearance was bound over to the Grand Jury. His attorney had informed both of us that he did not have to be present when the Grand Jury met and that he should contact his bondsman to find out if they would stay on his bond,(which was 14,000.00 at the time).
The Grand Jury met and we learned that there was a hearing held later that day that not even his bondsman was aware of, the judge issued a capious and my husband was picked up and arrested and placed under a $75,000.00 bond. We were told that the judge was apparently angered by no one being present at the hearing (not even attorney)the reason such a high bond was placed. I contacted the judge and explained the events as to why my husband failed to appear, I was instructed to have the attorney phone the judge for a bond reduction. Said attorney is now always out when trying to contact him and will not return my calls,information has been given to his secretary of what the judge had advised, still nothing done.There are no funds left to obtain another attorney (being spent all with this one), nor for making bond. We are desperately in need of advice and the knowledge of possible outcome of all this.

johnnie61 from Tennessee

 

[daveyo]

Good grief!!! What a loser. I hope to god that a nine time repeat offender NEVER gets his license to drive back again! EVER! Under no circumstances! Jail will probably do him good; maybe he can give up the bottle once and for all. Perhaps while the bum is in jail, you can take the time to find out that there are other fish in the ocean besides this nine time loser! Good Luck.

 

[daveyo]

Good grief!!! This bum has had nine repeats on his license and you're still with him? I'm pulling for a 3-5 year sentence for two reasons. One, maybe the slob will finally get the chance he needs to get off the bottle. Two, perhaps you can finally meet some decent and caring person who doesn't drink like a fish and will take good care of you. Good luck to you and tata to the lush!

 

[koyan75]

I would strongly suggest that your husband go to a local psychiatric unit for treatment.
In each city, there's one psychologist who's statements are usually held in high regard by the courts as to competency etc. Call your local Public Defenders office and you can probably get the name of the psychologist.
It would also help if your husband volunteers to undergo treatment for alcoholism. Usually, he can be admitted for 21 days or more.
Doing all the above shows that the individual is attempting to change their bad habits and be rehabilitated. It has a positive effect upon the court.
The only problem might be that your husband will resist the idea of treatment and going into a facility for 21+ days. However, doing so would be in his best interest.
Best of luck! I hope all turns out well in the end!