You've stated he has retained a lawyer. That is a good thing under the circumstances described. Since he has counsel that individual should be the sole source of information and advice. Your effort to get information on your own is no doubt based on a desire to be helpful; but, in my opinion, your efforts can do no good for him and runs a substantial risk of creating confusion. His attorney is the only one who has available all of the pertinent information about your husband's situation. Asking any attorney here for an opinion with basically none of the pertinent information available does result in an opinion that can compare with what his own attorney can do. Relax; there is nothing you can do other than to lend your support. Good luck to you both.
Having multiple DWI convictions is a very serious matter. If someone has an attorney you should contact that lawyer. If you want a second opinion then find an experienced attorney such as a member of the National College for DUI Defense (www.ncdd.com).
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
He will stay in jail unless his probation agent decides to release him or goes back before the judge on his 4th DWI. It is unlikely he will be released quickly. If he wins his 5th offense case it will help. He and you need to rely on his lawyer for answers, not people on the Internet.
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.