If you are arrested while on probation, the court may summarily revoke probation and incarcerate you without bail. You are intitled to a probation revocation hearing with all Fifth and Sixth Amendment rights. Being on probation can also affect bail on the new charges.
Generally they will not enable one to overturn a federal criminal conviction. If the individual is charged with illegal entry or illegal reentry after deportation, if he can prove derivative citizenship it can overturn a conviction. The individual should file a Habeas Corpus motion.
If you resolved the criminal DUI case, you do not need to go back to court. If you did not resolve the criminal matter, you probably have a warrant for your arrest. If you resolved the case with an out of state 3 month course, you will still need to complete the California 3 month first conviction course. You can enroll in such a course without returning to court. You need only to prove that your license was suspended with a DMV notice of suspension (DS367 form). If you have a warrant, you...
If your brother had an attorney, in San Diego, in 2012, you should contact him. You may also wish to contact a private attorney or Federal Defenders in San Diego. If he is being held illegally, the attorney can file a motion under 18USC2235 or a Habeas Corpus petition.
Sentencing is 1st based on the Sentencing Guidelines which are advisory. Guidelines are based on quantity and type of controlled substances. There are various adjustments, departures and variances the Court may consider. Also criminal history is relevent for sentencing.
You should definitely consult with a lawyer as soon as possible. CJA lawyers and Public Defenders are good lawyers; however you cannot get a court appointed lawyer until you are arrested. A private lawyer can speak with the U. S. Attorney and possibly protect you from "David". You may even be able to avoid being arrested.
You cannot discharge a Federal District Court Order through bankruptcy. You cannot modify the Court's Order by working out a settlement with the bank. Judgements in United States District Court criminal matters become final 15 days after the judgement is entered. Unless a party files a notice of appeal, in a timely manner, the judgement is final and cannot be modified.
If his case has not yet been to a jury trial, he can retain another attorney. He has a Sixth Amendment right to be represented by an attorney of his choice. If he has an appointed attorney, he can petition for new counsel, unless new counsel will not have sufficient time to prepare for trial. If he has been convicted, he can file an appeal on ineffective assistance of his trial counsel; the appellate court will decide this as a legal issue, based on his performance at the trial. It is...