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Can anything be done to bring the case back into court to request alternative sentencing?

Pomona, CA |

A loved one was sentenced to 16 months with half in 02/2012 for FELONY DUI, no injury, no damage. He neglected to get an attorney. Now I would like to know if there is anyway a lawyer can be retained to bring the case back into court to request Alternative Sentencing, specifically Secure Continuous Remote Alcohol Monitoring (SCRAM ) / home detention

Attorney Answers 3


  1. Not on that sentence. The 16 months is the low term prison (now county jail under reallignment) sentence. You won't get resentenced unless there was an error on the credits. He is ineligible for those programs because of the 16 month sentence. Why, praytell, did he go to court, plead, and be sentenced without an attorney, on a felony DUI case?! Let this be a lesson to you and him - never do anything of this scope and magnitude without an attorney.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.


  2. Mr. Feasel is correct. The 16 month sentence for a felony DUI makes him inelligible for any of the programs you suggested.


  3. I'm sure the judge advised your loved one that she should strongly consider having an attorney to represent him. That was a foolish move on his/her part. The attorneys are correct. Sixteen month in county jail under realignment does not give them an opportunity to request alternative sentencing.

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