He may be headed straight to the County Jail. Find his criminal defense attorney and warn him or her about what has happened.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced attorney to be fully aware of your rights. Finally, please forgive any typographical errors in my note!
There are not enough facts here for a solid answer. What, for instance, was he told about missing curfew? How much did he miss it by and why did he miss it?
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
If your brother was at a community corrections facility (a.k.a. "halfway house"), then violating curfew may lead to a discharge/termination. A person can not be sentenced to a community corrections facility on a misdemeanor offense (e.g., DUI 3rd); a person can be sentenced to a community corrections facility on a felony offense. Is it possible he was serving his DUI jail sentence concurrently with a community corrections sentence for a felony? Or perhaps he was serving his DUI sentence in the county jail but authorized daily furlough through the jail's work release program. If that is the case, the jail administrator may revoke your brother's release privileges. Please consult with an attorney privately for more advice.
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