Criminal Law Questions? Ask a Criminal Lawyer.
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
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.
Because this is a multiple DUI though an "Interstate" transfer, via ICAOS, will have to be initiated by your DPO.
Here is a link to the interstate commision for adult offender supervision
You can find the local office and have his probation officer contact them
you did not answer about the public defender did not advice him he could appeal
He can appeal
how long ago was his plea?
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
he gets out May 18 2013, that would be his 90 days at least 97 days
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
He can talk to a dui attorney about filing a motino to set aside the plea
but his public defender never advise him he could appeal. she was useless she did nothing to help him.
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
to do that he would need to talk to a criminal appellate lawyer
and is a DUI and a DWI consider by the court as the same
let me double check on that in PA
yes in PA they are the same charge
2 were in NC
so thanks for your advice.
for purposes of charging him wiht a 3rd DUI then yes they are considered the same charge by the courts
ok thanks again.
thank you please don't forget to accept the answer
I have copied them thanks