I agree with my colleagues here 100% with regard to his criminal issues, he needs a criminal attorney.
With regards to the family court issues, what you “want” for your brother may not be in the children’s best interests. In fact, you make a great argument against him having an unsupervised access and you do clearly love your brother. I do not hold out much hope of him having unsupervised access to the kids.
There may also be some options for court orders that allow the rest of the family the ability to have a relationship with the children, separate and apart from dad or perhaps as dad’s supervisors.
If dad’s family court trial date is coming up quickly, dad and/or grandparents should seek immediate counsel with a family law attorney to get a good understanding of dad and the rest of the family’s options.
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I couldn't agree with you more. Your brother needs an attorney. Anyone charged with a criminal offense needs an attorney whether it be a public defender or a private attorney.
It is very likely that the prosecutor is going to want to go after your brother hard because of the out of state arrest. I understand that the case was subsequently dismissed, but the State will see that as a stroke of luck (not as a demonstration of innocence).
The warrant for his arrest can be dealt with by an attorney filing a Motion to Quash Bench Warrant. The Judge would be very interested in knowing that your brother could not appear because he was detained in another state for a case that was ultimately dismissed.
If you need additional information, feel free to call. Good luck.
I agree with my colleague. It's best for your brother to retain private counsel to assist him with these issues. The outstanding warrant could be problematic in the future. Good luck.
Verdura Law Group PLLC
I entirely agree with the other attorney's answer. You certainly are concerned about your brother and want to help, but there is only so much someone can do in your shoes. He needs to seek assistance himself, and certainly a part of that is having qualified legal counsel. He has to start some where; the best place other than from within personally, is for him to have counsel tackle the pending warrant and begin to clear his legal matters up. I wish you and he the best of luck.