My husband just got his 2nd dui in less then a yr the 1st was charged as 3rd dui but a misdemeanor and he for sentenced on it 1/ 2017 on Friday he got another dui charged as 4th and a felony he also got another felony charge for refusing breath rest
It is likely the prosecutor will argue against you, however all case are done case by case, and you may still be able to convince the judge you are a capable person to act as third party custodian. You should look for other alternatives, however, just in case. You should work with your husband's attorney to get things worked out.
This answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations. This communication does not create an attorney-client relationship, and no part of this communication is confidential or privileged in any way.
As the other attorney mentioned, this could be a tough one and you should expect the prosecutor to object. You are not legally barred from serving as a third party custodian if you are not a witness, if you are no longer on probation for that felony and if you have not been convicted of certain misdemeanors in the past 3 years. That being said, working with your husband's attorney to decide the best proposal for a bail release is a good idea. You may not be considered the best candidate by certain judges.
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