Can there be alternatives to mandatory sentencing?? House arrest, public service??.... Any help greatly appreciated

Asked over 1 year ago - Greenville, SC

I was charged with DUI 2nd and DUS 2nd. After review of my driving record, the solicitor has indicted me on Habitual Offender and is now asking me to plea to DUI 4th and DUS 4th...... Even though I was not in the car, hadnt been near the car for hours before my arrest. I would be willing to plea just to resolve the matter, but her recommendation is 1 year incarceration, 3 years probation with 6 months of it intensive. I have never been convicted of a DUI 2 or 3rd offense btw. I am a single mother of a child whos father died a couple years ago and I have no family as I was a foster child. I have a job and am President of my PTA.I am scared to death and dont know what to do. Any advice would be so greatly appreciated. I have a PD, but he has never and refuses to return my phone calls

Attorney answers (4)

  1. Justin Michael Lovely

    Contributor Level 12

    4

    Lawyers agree

    Answered . Hire a DUI defense attorney. Why would you plea to DUI 4th? That makes no sense. Your case has issues that need to be discussed with a lawyer one on one, not via avvo. Hire the best lawyer you can afford. Good luck !

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  2. Dale Martin Savage

    Contributor Level 13

    4

    Lawyers agree

    Answered . In SC a DUI 4th conviction = a felony conviction. This is something that obviously needs to be taken serious as the consequences are numerous. I cannot comment on the available options are to you based on the limited facts but pleading tho the DUI 4th charge just to "resolve the matter" does not seem to be in your best interests.

  3. Mark Blair

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . Best advice: if your public defender is not responding to you, contact his/her supervisor. Each jurisdiction may have alternatives to jail that are particular to that jurisdiction. Only someone (a local attorney) who practices there will actually be familiar with such options. You should contact such a person immediately, because it may take you time to contact the various agencies/programs to arrange for alternative custody.

  4. John Paul Thygerson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . General legal advice: NEVER EVER PLEAD GUILTY TO A CRIME JUST "TO RESOLVE THE MATTER"!! Your liberty and your child's potential welfare is at stake. Too much irs riding on the outcome of this case. If you feel like you are not being ably represented by a public defender, don't be proud, ask for help from friends, co-workers etc to hire private counsel,

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