Was my spouse's right violated?

Asked over 1 year ago - Rapid City, SD

My got arrest 32 days ago and was just now arraigned, I retained a lawyer for him that represented him before. I went and and I asked the lawyer if he was going to ask the judge if my spouse can go to alcohol treatment because they have a bed ready for him. the lawyer stated no not this time. Instead he stated he is going to do time in prison. he will be released in the fall. I asked him if he can at least get on bond he stated no I want the time he is serving to go towards time served. he was arrested for the 5th DUI and today is was read to him it was his forth. he was on probation for his 3rd which he violated when he got arrested at a different county. the lawyer did not even mention bail at the hearing. can I bond him out? was he violated? I don't feel good about the lawyer now.

Attorney answers (3)

  1. Robert Laurens Driessen

    Contributor Level 20


    Lawyers agree

    Answered . He has an attorney. I would hope that attorney is doing his job. If you feel the attorney is not you can seek the assistance of another attorney.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Richard Timothy Jones

    Contributor Level 17


    Lawyer agrees

    Answered . If you are uncomfortable about someone's current DWI lawyer then get a second opinion. The lawyer is supposed to work for you. I believe it's generally better to get someone out of jail if possible and into treatment.
    Austin DWI Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Zev Goldstein


    Contributor Level 14

    Answered . If his probation was violated then it makes sense that there would be no bail.

    Probation is basically a time that the Judge has already found you guilty, found that you should do time in jail, and will allow you to walk free under the conditions of probation. If the probation is found to be violated, (and that is much easier then finding one guilty of a crime), ones finds themselves automatically in jail.

    As for your spouse's attorney, it could very well be that you spouse did not authorize the attorney to explain everything the spouse did wrong to you?

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more

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