My friend has 3 DUIs within 3 years. He suffers from severe depression, which lead to drinking (not that I'm making excuses for him). One was taken care of, and he hasn't been to court for the other 2 yet. He moved and I guess the courts haven't found his new address yet.Is it possible for him to not go to prison? He has 4 kids (1 he has about half of the time) and he needs to find work to pay child support. Some people just don't belong in prison, and to put him in a cell with a murderer would be wrong. Thank you.
State/Country relating to question: Arizona
Calling different attorneys. Most haven't returned calls, probably because he has no job and no money.
Thanks for the chance to assist on this matter. I am an Arizona attorney with over 12 years experience in criminal law.It is unlikely he will go to prison...prison is reserved for folks who are convicted of a Felony and sentenced to more than one year of confinement.It is likely he will serve some time in jail. How much time?That depends on many factors. If he has no other convictions, that is a big plus. It is bad that he has had 3 DUI's. But if that is the extent of his criminal misconduct, the courts are more likely to craft a sentence that allows him the ability to seek treatment and limit time in jailThe fact he has no money will not prevent him from obtaining legal counsel...but he will need to go to the court and request they appoint an attorney. If he has no job/no money the court will appoint an attorney to represent him.You mentioned he has moved and the court may not have a current address. He should contact the court...the last thing he needs now is to miss a court date.I would expect the state to offer a plea bargain for the two DUI's he is facing...he may need to do a few weeks in jail...but what you describe, I would expect them to lean towards probation. If he can stay clean on probation he can stay out of jailHave your friend contact he court and inquire as to when his next date is, then make sure he shows up and requests an attorney
Criminal Law Expert
Thank you for your detailed response. Does it matter that 1 was in Phoenix and the other was in Chandler? Isn't 3 duis in 7 years an automatic felony?
SHould not, since both are in Maricopa County.And it is not necessarily automatic...that is, there is always the option for a plea agreement.Now, it is true that 3 DUI's within 7 years is a Class 4 Felony Aggravated DUI with minimum 4 months in jail. But that is 3 convictions. What he is fighting for is a plea bargain that prevents the 3rd DUI conviction. And that is certainly possible. But he needs to be proactive on this if the goal is to avoid jail time.
Thank you. We appreciate your help.
You are welcome and I wish you the best of luck with this mess.Phil
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