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legal help/advice needed...

  • derek bomar
    a family member of mine (not me, I swear) has to go to court tomorrow in Lancaster for a DUI, which I believe is his like 4th or 5th. I think he's facing jail time, but doesn't have enough $ for a lawyer. Does anyone know if he can get a public defender, or is that only for like violent crimes?
  • Fab1b
    I believe he can get a public defender not sure 100% but they should go to jail and never be allowed to drive again!!
  • queencitybuckeye
    Don't know. In addition to here you might want to try http://forum.freeadvice.com/ (a free legal advice forum)
  • derek bomar
    Fab1b wrote: I believe he can get a public defender not sure 100% but they should go to jail and never be allowed to drive again!!
    ya...I know. When I was told how many times this has happened to him I just smh. That said, he's family, and I would like to get him as little time as possible.
  • dat dude
    Depends on his financial situation. Does he have a job? How much income does he have? Does he own any assets? Liabilities?

    The court will have him fill out an affidavit of indigency and determine whether he qualifies for court appointed counsel. Either way, he needs to be represented.
  • derek bomar
    dat dude wrote: Depends on his financial situation. Does he have a job? How much income does he have? Does he own any assets? Liabilities?

    The court will have him fill out an affidavit of indigency and determine whether he qualifies for court appointed counsel. Either way, he needs to be represented.
    he told me he makes after taxes about 1800 a month... I think he's in sales? I have no idea, he used to own a bar/rest but I think that went belly-up. He and his wife have a home and I think a few cars.
  • Manhattan Buckeye
    Is he indigent? If so he gets a PD, regardless of the nature of the alleged crime.

    Recent legal developments here:

    http://volokh.com/2010/03/01/appointed-attorneys-are-for-indigent-defendants/
  • derek bomar
    Manhattan Buckeye wrote: Is he indigent? If so he gets a PD, regardless of the nature of the alleged crime.

    Recent legal developments here:

    http://volokh.com/2010/03/01/appointed-attorneys-are-for-indigent-defendants/
    I wouldn't call him indigent yet....but probably borderline. He's definitely on his way
  • Websurfinbird
    I don't think you should help him out at all. Obviously he hasn't learned anything, and won't until something horrible happens. He should be the one doing research on his legal rights. Not you.
  • FatHobbit
    Websurfinbird wrote: I don't think you should help him out at all. Obviously he hasn't learned anything, and won't until something horrible happens. He should be the one doing research on his legal rights. Not you.
    While I agree that he hasn't learned anything, I would still have a hard time turning my back on family. (unfortunately)
  • se-alum
    Probably won't really help him to have counsel, but it's worth trying. He's probably looking at 50 days in jail at the least.
  • Gblock
    i had a buddy in this situation and he was tired of paying for lawyers he was on his third and he got a double dui he blew .21....he went to court no lawyer and pled guilty and threw himself on the mercy of the court and only got 3 days dui school.
  • Manhattan Buckeye
    .21? Jesus...did the guy swill a bottle of Jack?
  • derek bomar
    FatHobbit wrote:
    Websurfinbird wrote: I don't think you should help him out at all. Obviously he hasn't learned anything, and won't until something horrible happens. He should be the one doing research on his legal rights. Not you.
    While I agree that he hasn't learned anything, I would still have a hard time turning my back on family. (unfortunately)
    he's an alcoholic, and while I don't condone at all what he's doing and don't want to make an excuse for him, it's not exactly a situation where he hasn't learned anything...i just think he has no will power, which is sad.
  • queencitybuckeye
    Gblock wrote: i had a buddy in this situation and he was tired of paying for lawyers he was on his third and he got a double dui he blew .21....he went to court no lawyer and pled guilty and threw himself on the mercy of the court and only got 3 days dui school.
    Anyone can be stupid once, but by the third offense, there should be prison time involved.
  • bamagirl
    derek bomar wrote:
    FatHobbit wrote:
    Websurfinbird wrote: I don't think you should help him out at all. Obviously he hasn't learned anything, and won't until something horrible happens. He should be the one doing research on his legal rights. Not you.
    While I agree that he hasn't learned anything, I would still have a hard time turning my back on family. (unfortunately)
    he's an alcoholic, and while I don't condone at all what he's doing and don't want to make an excuse for him, it's not exactly a situation where he hasn't learned anything...i just think he has no will power, which is sad.
    I realize he is family, but think of the other families he will affect when he drives drunk one night and kills someone.

    I am sorry, this is a personal matter for me. I think driving drunk is the dumbest thing someone can do. Just get a DD or Taxi for goodness sake! If you have the money to go out then you should have the money for the cab.
  • Fab1b
    Maybe the help he needs is to be locked up then away from the sauce!!!
  • Nate
    If he makes 1800 after taxes, he can afford a lawyer. I had a DUI in 2007 and was making about $1000 after taxes and could afford one.
  • Sage
    Trust me, you always want the best lawyer that you can't afford. I speak from experience. (Not a DUI banger)
  • I Wear Pants
    se-alum wrote: Probably won't really help him to have counsel, but it's worth trying. He's probably looking at 50 days in jail at the least.
    It will definitely help to have counsel.