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Criminal trafficI committed 2 probation violations, no insurance and DWLS, 3rd degree. This is from one DUI in '02. I have done all these things only once. I bought insurance 2 days after the DWLS ticket and got my valid license as soon as the SR-22 went on file at the D.O.L. I've been clean and sober 3 years. My son is developmentally disabled and can't take care of himself alone (I will take all his records to court). I have a letter from my counselor that says extended confinement may cause my mental health to decompensate completely and a letter from psychiatrist that says don't confine her and my medical doctor's letter says the same thing. I'm getting a character reference letter from my 1st cousin I've known all my life, he's my best friend. Do you think I may get out of going to jail for 30 or more days? Do I need more stuff? Attorney answers (4)
Reputation Level 14
Answered almost 4 years ago.
Criminal Defense Attorney in Atlanta, GA.
Sentencing is an issue that is largely left to the Judge's discretion. However, in the past decade, more and more state legislatures have followed the federal "minimum sentencing guidelines model", and have taken away a trial judge's discretion to NOT put you in jail for a certain number of days. In other words, the jail MAY be mandatory and unavoidable.
Certainly, your 180 degree turnaround is compelling for a judge to consider, and issues involving children's needs can invoke sympathy, but the law is the law. I suggest you look over this list of highly qualified Washington attorneys listed with www.AVVO.com and choose one to speak with one that you are geographically close to regarding your specific issues: http://www.avvo.com/criminal-defense-dui-dwi-la... 1 person marked this answer as good
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Reputation Level 8
Answered almost 4 years ago.
Criminal Defense Attorney in Jacksonville, FL.
It sounds like you have a good amount of mitigation to help persuade the judge. If it is the case that there is a mandatory minimum sentence, then as a fall back position ask whether inpatient treatment or house arrest will satisfy the statutory requirements. This will at least allow you to remin with your child.
1 person marked this answer as good
Reputation Level 19
Answered almost 4 years ago.
DUI / DWI Attorney in Los Angeles, CA.
Sentencing is generally up to the judge, but you can help your attorney along by providing him with all the medical information and character type information that may help him persuade the judge.
1 person marked this answer as good
Reputation Level 13
Answered almost 4 years ago.
Criminal Defense Attorney in Bothell, WA.
Sounds like you've got as much information as possible for the court. Although the judge has discretion to impose penalties, remember that judges are human beings too. This information will go a long way to helping your attorney in trying to convince the judge not to take action.
1 person marked this answer as good
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