Hello,
I have an acquaintance who got a DUI a few months ago (for being stupid). He had a court date a month ago and was "sentenced" to 30 days in jail.
He was supposed to check himself in to the jail by 2:00 p.m. today, to start his sentence, but instead came out in less than a half hour and said he got a "public-defender" and didn't have to go to jail today. He would not elaborate on what the next step was, according to my friend who drove him to the jail house. I know that he did NOT have a second court date, because when I spoke with this person myself over a week ago, he said that he was going on his month long "vacation" starting on 10/02/06.
Has anyone ever heard of someone being "rescued" by a public defender, at the last minute, when they were supposed to be checking into jail after being sentenced? My friend always believes this guy, but I don't. Can anyone shed some light on this subject? THANKS!
2006-10-02 19:18:33 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
His court date was a month ago, so he is still within what is called term time, i.e. the case can be re-presented to the same judge who heard it before. If the public defender moves to vacate the conviction, depending upon the circumstances, the judge will probably grant his motion - since I am sure he did not have a lawyer before, it would probably be granted. When the motion to reconsider is granted the sentence is vacated. Since the public defender was going on vacation, the judge was probably more inclined to grant the motion and to do so without the defendant being there as a favor to the public defender - not your friend.
Since he went to the jail, if the court had not vacated the sentence, they would have kept him, and since the public defender, obviously did not tell him what happened, I am sure he doesn't know what is supposed to happen next.
However, that does not mean he was "rescued", only time will tell, if he does better with the public defender.
2006-10-02 20:13:43 · answer #1 · answered by rehabob 4 · 1⤊ 0⤋
I think once you are found guilty and sentenced you have to do the time unless of course you're going to be in there several years then you can appeal the sentence! But it sorta sounds like your friend had a change of heart and decided not to report for his "vacation" so when they catch him he will be on vacation much longer! You might want to think about hanging out with him it might be considered aiding and or harboring a criminal?
2006-10-03 02:41:33 · answer #2 · answered by Jo 6 · 1⤊ 0⤋
you cant get recued after being sentance and having set up a report date to go to jail............even if he got a public pretender lawyer...he was already found guilty and he would still half to sit his time even if he was seeking post-conviction relife "apeal".
what he is doing is called obscouding and is anthother charge it self
2006-10-03 02:27:38 · answer #3 · answered by Osummer 2 · 0⤊ 0⤋
i'm guessing but if he didnt check himself in there will be a warrent issued for his arrest. no public defender is going to show up and try to save him after a conviction.
2006-10-03 02:33:41 · answer #4 · answered by Anonymous · 1⤊ 0⤋
DUI laws vary state to state. This does sound fishy to me.
2006-10-03 02:24:15 · answer #5 · answered by Rhonda 7 · 1⤊ 0⤋
heard of an apeal ?
2006-10-03 02:24:28 · answer #6 · answered by martinmm 7 · 0⤊ 1⤋