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My father got a dui while on probation ..

Orange City, FL |

he has 6 counts against him from last charges to this dui...the state wants 8 years...he is not a bad person he has a addiction and mental health issues...i know he broke the law but they denied his bond and has a public offender that isn't doing much ..money is the issue to get a lawyer...can someone give me some advise on what my options are...He also did not do breathalizer test when he got dui...he hit a car to while he got dui i believe it is his 4th one..I want him to get some treatment but i don't think there letting that be a option..

I just feel there are worse people out there that get out like sex offenders and there walking are streets while theres is my father who obviously need help and not a bad person all his charges are related to his illness ...does he have any hope of getting out and getting the right help or is he going to get prison time....we are in florida if you need to know that..and his charges for probation were breaking in someones house...and having pills on him that were not his...also he has been in jail already now for 3 months ...

Attorney Answers 5

Posted

It sounds like he has a serious drinking problem. You need to get a very experienced DUI/DWI attorney. There is nothing any of us can do on this board to assist you. I really encourage to find a very experienced DUI/DWI attorney ASAP!!!

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Posted

If the State is seeking 8 years prison, either your father has a significant record; has violated his probation in the past; or is facing at least one serious felony. If your father does not have the financial resources to retain private counsel, and you believe your input may be helpful in terms of mitigation, perhaps you should try contacting your father's public defender directly.

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Asker

Posted

He hasn't violated before ..what he has against him is burley of occupied dwelling, 2 count of possession of substance 5 i think ,2 felony driving under influence but don't know why he didn't breath in machine ,dui with injury ...thats his charges before and now...

Asker

Posted

we have contacted her but she tried to get bond for him and judge gave him 100 bond then state said no bond its in law ..or something like that...how can judge say ok you have bond sir then say oh I'm sorry never mind ..im just confused how this works with a public defender don't they work all together since they are state too..how can a public offender help him truly if they work with the people that are trying to prosecute him..

Posted

I'm sorry to hear of your father's difficulties. Our legal system is not designed to deal with mental health and addiction but is the default system to deal with people whose behavior causes problems.

Unfortunately the media and legislatures are taking the attitude that they want repeat DUI offenders locked up.

Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!

When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.

Make sure his public defender knows about the mental health issues and addiction issues. It may be possible to get some sort of alternative to revocation. That lawyer knows his case far better than anyone on this forum. Perhaps you can coordinate getting information on your father's history for his lawyer.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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Asker

Posted

I understand that he committed a crime but don't he have rights to get help from state ..but they think a jail cell will help him..we found a treatment that will take him he qualifies for it..but the state don't think he deserves it ...It obvious he need it ..I feel like his public attorney isn't doing all she can she never even returns calls..I think a illness is not as bad as other thing and they r walking streets ..

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

Public Defenders have overwhelming case loads. They do good jobs for their clients, but have limited time and have to choose. If they choose to talk to a client's family it may mean that they are letting that client or another sit in jail longer than necessary. They usually choose to spend their limited time on things they see as being a direct benefit to clients. Write with your concerns. As I said earlier, our government is making bad choices on how it treats the mentally ill. Legislators who vote for mental health services are criticized while those who vote for being tough on drunk drivers or criminals are praised and reelected.

Asker

Posted

Thank you for your help ..I just feel bad for him and feel like he needs help not jail ..cause when he gets out he still will have that mental issues he has ..but thank you

Posted

I recommend contacting Kevin Hayslett (727) 462-2448 or Sean McQuaid (727) 381-2300

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Posted

I recommend contacting Sean McQuaid at: (727) 381-2300.

Jim

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