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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26413
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my brother was involved in a dui and was the driver in the

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my brother was involved in a dui and was the driver in the accident. His passenger died in the accident. My brother nearly died and has a traumatic brain injury. He has left the hospital and is now in a nursing home recieving physical therapy. He is unable to feed, dress himself, or stand or walk. Can he go to jail in this condition?

I am sorry to hear about your brother. There's a threshhold requirement before anyone would even consider jail, and that is whether your brother would be considered legally competent to assist in his own defense. If it were found that he was not, then the issue would become whether he will ever improve to the extent that he would be competent.

Given your brother's condition as you describe it, jail would likely not be a concern any
time soon. All the same, if the case is filed with the court he will need a lawyer tp ,ale sure his rights are protected.
Customer: replied 4 years ago.
Thats kind of what I thought, but I have my one brother, who has been in contact with the trooper from the accident who states my brother will be charged and arrested straight from the nursing home? I dont see how thats possible, as he cannot care for himself, much less defend himself if he needed to in that environment. Also, do you know if I am able to transfer him out of the state he is in currently to the state his family lives in, to help with his care? Once a warrant is issued can we move him to another state to continue his care where his family is, or do we have to wait until after the trial is over?

FIrst of all, your brother should not be talking to the police. Sometimes well-meaning relatives can make things worse for a defendant, or even end up being called as witnesses for the prosecution.

Your brother is in trouble and he does need a lawyer. The police officer is right. He can be arraigned in the hospital if necessary and moved to the prison wing of a state hospital thereafter. Jails do not have the facilities to care for an inmate with your brother's kind of present problems, but the state does set aside wings of hospitals for defendants with special medical needs.

If a warrant issues for his arrest and you move him knowing that, you can be charged with a crime for aiding his escape from the authorities. I can't stress enough that a lawyer has to be in charge of what's happening to hiim. I know you want what's best for your brother and believe me, I certainly understand, but if there are any concessions that are going to be made with regard to where he continues his treatment it will be because a lawyer negotiated them and not because you took it into your own hands to move him.
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