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legal help/advice needed...

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derek bomar's avatar

derek bomar

Senior Member

3,722 posts
Apr 21, 2010 3:23 PM
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?
Apr 21, 2010 3:23pm
Fab1b's avatar

Fab1b

The Bald A-Hole!!

12,949 posts
Apr 21, 2010 3:24 PM
I believe he can get a public defender not sure 100% but they should go to jail and never be allowed to drive again!!
Apr 21, 2010 3:24pm
Q

queencitybuckeye

Senior Member

7,117 posts
Apr 21, 2010 3:25 PM
Don't know. In addition to here you might want to try http://forum.freeadvice.com/ (a free legal advice forum)
Apr 21, 2010 3:25pm
derek bomar's avatar

derek bomar

Senior Member

3,722 posts
Apr 21, 2010 3:26 PM
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.
Apr 21, 2010 3:26pm
D

dat dude

Senior Member

1,564 posts
Apr 21, 2010 3:28 PM
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.
Apr 21, 2010 3:28pm
derek bomar's avatar

derek bomar

Senior Member

3,722 posts
Apr 21, 2010 3:29 PM
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.
Apr 21, 2010 3:29pm
derek bomar's avatar

derek bomar

Senior Member

3,722 posts
Apr 21, 2010 3:42 PM
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
Apr 21, 2010 3:42pm
Websurfinbird's avatar

Websurfinbird

Chosen Person

656 posts
Apr 21, 2010 3:45 PM
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.
Apr 21, 2010 3:45pm
FatHobbit's avatar

FatHobbit

Senior Member

8,651 posts
Apr 21, 2010 3:47 PM
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)
Apr 21, 2010 3:47pm
se-alum's avatar

se-alum

The Biggest Boss

13,948 posts
Apr 21, 2010 3:49 PM
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.
Apr 21, 2010 3:49pm
G

Gblock

Apr 21, 2010 3:51 PM
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.
Apr 21, 2010 3:51pm
M

Manhattan Buckeye

Senior Member

7,566 posts
Apr 21, 2010 3:53 PM
.21? Jesus...did the guy swill a bottle of Jack?
Apr 21, 2010 3:53pm
derek bomar's avatar

derek bomar

Senior Member

3,722 posts
Apr 21, 2010 4:05 PM
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.
Apr 21, 2010 4:05pm
Q

queencitybuckeye

Senior Member

7,117 posts
Apr 21, 2010 4:06 PM
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.
Apr 21, 2010 4:06pm
B

bamagirl

Senior Member

154 posts
Apr 21, 2010 4:23 PM
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.
Apr 21, 2010 4:23pm
Fab1b's avatar

Fab1b

The Bald A-Hole!!

12,949 posts
Apr 21, 2010 4:24 PM
Maybe the help he needs is to be locked up then away from the sauce!!!
Apr 21, 2010 4:24pm
N

Nate

Formerly Known As Keebler

3,949 posts
Apr 21, 2010 4:29 PM
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.
Apr 21, 2010 4:29pm
Sage's avatar

Sage

Senior Member

2,070 posts
Apr 21, 2010 5:16 PM
Trust me, you always want the best lawyer that you can't afford. I speak from experience. (Not a DUI banger)
Apr 21, 2010 5:16pm
I

I Wear Pants

Senior Member

16,223 posts
Apr 21, 2010 9:15 PM
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.
Apr 21, 2010 9:15pm