2010: (DUI) that got reduced to a RECKLESS DRIVING.
2012: PETIT THEFT charge less than $100-- put on 6 month probation which he paid off but is still on.
2012: DUI (sleeping in car parked next to his house did not take any sobriety tests)-- arrested with $1000 bond but Widman act prevents bail because of VIOLATION OF PROBATION.
He is still currently in custody with a trial date for the DUI charge but not the VOP charge yet because he is waiting to be transferred to the original county that ordered the probation.
Probable outcomes with or without a criminal defense lawyer?
EDIT: 2013*** [not 2012] DUI (sleeping in car parked next to his house did not take any sobriety tests)-- Also, with and without a PRIVATE ATTORNEY***. I understand he will still be assigned a public defender.
He is facing a maximum of 180 days on the DUI and 60 days on the petit theft. He needs a lawyer. Schedule a free initial consultation with a local criminal defense attorney ASAP.
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DUI / DWI Attorney
I agree he needs a local attorney. It is true that he can be held on no bond for a new law violation while on probation but I would think an attorney would have a good shot at getting him out on bond. Some judges are more difficult than others on bond issues. Just talk to a few attorneys in your area and they will be able to explain what he is facing.
There is no way he won't have a lawyer representing him, either by retained counsel or an attorney from the Public Defender's Office....at least on the VOP. The state would have to certify "no jail" in order for him to not qualify for a PD, even if he were indigent.
That said, he is likely to sit in jail on the VOP until the DUI gets resolved. On the basis of the facts you laid out, he may have a good chance to beat the new DUI charge. If the new DUI case is the sole violation, his attorney could ask to postpone the VOP.
He needs a lawyer. There are a few good ones in the Ft. Myers area. I will post a link below to the National College for DUI Defense directory.
Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.