Filing a formal Motion to Withdrawal Capias/Warrant would bring the issue in front of the judge. I would imagine most judges would find that your son did not willfully skip his arraignment, given his circumstances. Assuming the capas is withdrawn, your son's case should be reset for arraignment once his 28 day program is finished.
Assuming he doesn't have any prior DUI convictions, the State cannot make this one a felony. It doesn't matter how many times he's been arrested for DUI, as long as he doesn't have 2 prior convictions, it will still be a misdemeanor.
Also, it's impossible for anyone on this forum to answer whether your bf should go to trial. We haven't seen the evidence against him and we haven't been a part of negotiations. His lawyer is best suited to answer that question.
Best of luck.
You should address your concerns with your lawyer. Nobody here is in a better position to answer questions about your case. Your lawyer has the discovery and is familiar with the negotiation process. You paid him good money for a reason!
Your son will only receive credit for the time he has spent in custody on the charge. That would give him the 6 months he had been in jail on the most recent arrest and and any additional time he spent in jail during his previous VOP's. The time he spent on probation will not impact his credit award, assuming he takes the year and a day.
Also, If he is well behaved while in custody, he should be eligible for release after he serves 85% of his sentence, which is just a little over 10...
If you speak with enough attorneys, you can probably find fee quotes between $500 and $10,000.
In my opinion, the most important things to consider are, 1) the level of service and attention the lawyer will devote to your case, 2) the lawyer's experience handling similar cases, 3) the lawyer's trial experience, and 4) your comfort with your ability to communicate with your lawyer. If you find a lawyer who satisfies all of those areas, hire him or her. If you find several, then by all...
You can pay off the cost of supervision, which is a monthly fee assessed by the entity that is in charge of your probation. You may even be able to buy out some of the community service hours. But you cannot just cut a check for the time that you have to spend on probation.
The general rule is that you can petition the court for early termination of your probation at the half-way point. For you that would be 6 months. You can't cut a check to shorten that time frame, if that is what...
It will be considered 3 w/in 10. Only one of your priors has to be w/in that statutory period to qualify. A 3rd conviction will result in a 10 year court imposed suspension, but the length of theadministrative suspension will depend on whether you blew or refused.
Demanding speedy trial and waiving speedy trial are two very different acts, permissible under different rules of procedure. I don't believe the holding in the cited case would have much bearing on the validity of a pre-info waiver.
i can think of very few circumstances where a waiver of speedy trial prior to filing would be appropriate, but one of those circumstances could very well apply to your case. Without a waiver, a person must be arraigned within 90 days of arrest on a misdemeanor...