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Ask Meigs Your Own Question

Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience:  I have multiple years experience prosecuting and defending clients.
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My brother in law totaled his truck with his 4 year old daughter

Customer Question

My brother in law totaled his truck with his 4 year old daughter he is being charged with mistimeaner dui and felony child endangerment. What does he have to look forward to in his future
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you today? I am sorry to hear about his situation. Can you elaborate on your question, what exactly do you mean what does he have to look forward to? Are you asking the potential criminal penalties for those charges, or maybe a likely outcome?

Customer :

i likely outcome

Customer :

jail time and fines

meigs004 :

Ok Thanks for clarifying.

meigs004 :

Give me a moment to research the max fines and jail time.

meigs004 :

Most likely jail time will not be imposed. He can expect that the prosecutor will offer him a deal, including offering him to plead to one charge, and the other will be dropped. I am not familiar with the facts of the case other than what you have provided, but it is not likely jail time will be imposed.

Customer :

ok so they will most likely drop the dui and charge him with felony child endangerment

meigs004 :

Is this his first DUI?

Customer :

2

meigs004 :

That is an option, I do not know if it is the most likely, but it is definitely possible.

meigs004 :

If it is his second dui offense, there is actually mandatory jail time, that jail time is 96 hours, which he would most likely be able to serve through a weekend.

meigs004 :

3 to 5 years probation.

Customer :

what about fines in a round about $ amount

meigs004 :

Fine and fees from 1800 to 2800.

meigs004 :

And a 2 year loss of drivers license.

meigs004 :

That is the max if he is convicted on that charge.

meigs004 :

For the felony child endangerment charge, which is known as a "wobbler" charge (meaning the prosecutor can seek the misdemeanor version of the charge, or the felony version of the charge depending on the circumstances, that may result in imprisonment in state prison for a term of two, four or six years

Customer :

how long does cps stay involved

meigs004 :

They will stay involved while the child is determined to be "dependent" upon their services. Meaning they will stay involved until the court is satisfied, that he is able to parent the child again.

meigs004 :

In some cases, the court grants probation and requires the following elements (at a minimum):

  1. A probation period of forty-eight months;
  2. A criminal court protective order protecting the victim from acts of violence or threats and, if appropriate, residence exclusion or stay-away conditions; and
  3. The successful completion of no less than one year of a child abuser’s treatment counseling program. In conjunction, the defendant must produce documentation of program enrollment to the court within thirty days of enrollment, along with quarterly progress reports
Customer :

thank you how do i cancel my free trial

meigs004 :

I am not sure as I do not deal with the administration. If you feel this answers your questions, please remember to provide a positive rating by clicking the smiley face and submitting.

meigs004 :

Please return and provide the positive rating.

meigs004 :

Did I not provide you with the information you were looking for?

meigs004 :

Please, if this answered your question, return and provide the positive rating or I can not be credited for our time together.

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