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AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 617
Experience:  Criminal Defense and Family law Attorney serving California statewide
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my son was convicted with a 3rd DUI and took 90 days in his

Resolved Question:

my son was convicted with a 3rd DUI and took 90 days in his plead , they also gave him 5 years probation, he was not informed of this by his Public defender and now he is required to see the Parole 3 times a week, and $5,000 in fines this is in PA, is there any thing I can do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Hello! I am sorry to hear about your situation with your son. For a third time DUI that sounds about right for what he was given

AttyCBradford :

As far as moving the parole to North Carolina, usually that can be done but you will have to petition the court to do so. Additionally, your son must have valid grounds for doing so. Is he going to be living with you? things like that.

AttyCBradford :

Because this is a multiple DUI though an "Interstate" transfer, via ICAOS, will have to be initiated by your DPO.

AttyCBradford :

Here is a link to the interstate commision for adult offender supervision

AttyCBradford :

http://www.interstatecompact.org/

AttyCBradford :

You can find the local office and have his probation officer contact them

AttyCBradford :
Customer:

you did not answer about the public defender did not advice him he could appeal

AttyCBradford :

He can appeal

AttyCBradford :

how long ago was his plea?

AttyCBradford :

If he has already missed his chance to appeal he could consider reporting the PD to the bar association,although that does not really help him with his plea

Customer:

he gets out May 18 2013, that would be his 90 days at least 97 days

AttyCBradford :

The only other thing would be to file a motion to set aside the plea and reopen the case but again it would depend on how long ago the plea was taken

AttyCBradford :

He can talk to a dui attorney about filing a motino to set aside the plea

Customer:

but his public defender never advise him he could appeal. she was useless she did nothing to help him.

AttyCBradford :

Then he would need to file what is called a writ of habeas corpus and move to set aside his conviction on the grounds of ineffective assistance of counsel

AttyCBradford :

to do that he would need to talk to a criminal appellate lawyer

Customer:

and is a DUI and a DWI consider by the court as the same

AttyCBradford :

let me double check on that in PA

AttyCBradford :

yes in PA they are the same charge

AttyCBradford :
Customer:

2 were in NC

Customer:

so thanks for your advice.

AttyCBradford :

for purposes of charging him wiht a 3rd DUI then yes they are considered the same charge by the courts

Customer:

ok thanks again.

AttyCBradford :

thank you please don't forget to accept the answer

Customer:

I have copied them thanks

AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 617
Experience: Criminal Defense and Family law Attorney serving California statewide
AttyCBradford and 6 other Criminal Law Specialists are ready to help you

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AttyCBradford
AttyCBradford
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Criminal Defense and Family law Attorney serving California statewide