I respectfully disagree with the suggestion that your wife does not need to hire an attorney if she intends to plead guilty. A prosecutor's recommended sentence for a second-time DUI (which will include jail time) can vary rather widely from case to case. A defense attorney is not only helpful in "fighting" the case (i.e., seeking an acquittal through trial) but also for negotiating the best possible sentence given the circumstances of her case.
Technically, you can't appeal on this basis since the record (trial transcript, clerk's minutes, etc.) will not show what your attorney did or did not tell you, what you would have done in response, etc.
However, you can seek reversal of your conviction through a petition for a writ of habeas corpus. You would face a very difficult time doing this, but it is possible. You would have to show:
1) Your attorney gave incompetent advice,
2) Had he given correct advice, you would have...
If it has been 60 or fewer days from sentencing, a notice of appeal should be filed. If it has been longer than that, the inmate may be entitled to proceed by way of a petition for a writ of habeas corpus. California provides appellate attorneys without charge to inmates who cannot afford them through the California Appellate Project. Five different projects exist in California. If you email me the court where the sentencing occurred, I'll send you the contact info for the appropriate panel.
You need to speak with a criminal defense attorney who is familiar with local practice. This can be a public defender if you cannot afford to retain one. You certainly have the right to represent yourself and attempt to negotiate this with the prosecutor on your own, but it would likely be a mistake for a number of reasons.
The worst possible scenario is that you can be charged with being an accessory after the fact (Penal Code section 32) if you knew he had committed a felony and intended that he avoid arrest.
The statute reads as follows:
Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may avoid or escape from arrest, trial, conviction or
punishment, having knowledge that said principal has committed such...
Your best bet is to hire an attorney if you can afford one. Unlike a criminal case, you aren't entitled to a public defender's representation.
If you can't retain an attorney, then follow the directions that should come with the form you were provided.
You say you are afraid that the answers can be used against you. An attorney with criminal defense expertise should help you understand how to protect your Fifth Amendment rights (i.e., your right to remain silent). In an extreme...
The answer to your question depends on where the sentencing took place. I see you're from Orange County, and my answer is based on the assumption that you're asking about an Orange County Superior Court case.
Anyone who has been ordered to serve time in the Orange County jail can apply for electronic monitoring (house arrest). The probation department makes the ultimate determination and typically will not give any assurances about whether they will approve it until after you have been...
Depending on your friend's record, she may be entitled to participate in diversion or the Proposition 36 drug treatment program. The DV conviction may exclude her, but it depends on a number of factors including the age of the conviction and the charge for which she was ultimately convicted.
Even if she is not eligible, she may be able to participate in a residential (or possibly non-residential) program if the court is convinced that she is really committed to recovery. This is...
This question is too broad to be answered in a helpful way. There are unlimited defenses, depending on the facts and circumstances. The outcome can range from dismissal or acquittal through three years in state prison (or more, if multiple count or prior convictions are involved).