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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26935
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My husbands 8th amendment rights have been violated. Hes being

Resolved Question:

My husbands 8th amendment rights have been violated. He's being held on a $250 thousand cash bond for a dui...what can we do
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what can we do" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Dwayne B. :

You mentioned that you had already file a motion to reduce the bond and that's the general remedy to lower abond.

Dwayne B. :

It look like the chat may be messing up. I'm going to exit and see if that solves the problem. Just post your reply and I will get a notice when you do.

Customer:

well , his public defender is going to file to have it reduced. i had already bailed him out. we go fo his first court date and they dropped all charges and rearrest him on 6 yes 6 counts of aggravated DUIs.. he is scared to death that they want to lock him up and throw away the key. can he get a change of venue? can they reallly keep him on that high of a bail

Customer:

istsorry im a slow typist

Dwayne B. :

You can't get a change of venue for anything you've mentioned, only if the jury panel is tainted and he won't be able to get a fair jury selected.

Dwayne B. :

No problem about the speed. I'm pretty slow.

Dwayne B. :

How did he get 6 aggravated DUIs? Can you tell me a little about the facts?

Customer:

what about the 6 counts?

Dwayne B. :

How did he get 6 aggravated DUIs? Can you tell me a little about the facts?

Customer:

good question..its his second in 7 yezrs

Customer:

but he was .300

Dwayne B. :

Was he in a wreck?

Customer:

his lawyer said they can only convict him on one

Dwayne B. :

.3 is really, really high.

Customer:

no wreck

Dwayne B. :

I don't see the justification for 6 charges if they were all for the same incident.

Dwayne B. :

That makes no sense.

Dwayne B. :

If there were really 6 separate DUIs and he was charged with them all at the same time then I could see a high bond as one of the considerations is the public safety. However, charging him with 6 all for the same incident is ridiculous.

Customer:

the lawyer said he ,harged him 6 different ways

Customer:

i know..thats why we are so worried

Dwayne B. :

There are a variety of Aggravated DUI charges in AZ. They should have only charged him with the highest one as the others would be considered "lesser included".

Customer:

i know it doesnt make sense

Customer:

what can we do

Dwayne B. :

All I can figure is it is a DA being an ass.

Dwayne B. :

The lawyer can move to reduce the bond and dismiss some of the charges.

Customer:

she wants his ass

Dwayne B. :

He may not want to move to get rid of the charges because it makes the DA look ridiculous in front of a jury.

Customer:

ok...they they have to reduce the bail..right

Dwayne B. :

They don't have to but I think it is extremely likely the judge will reduce it.

Dwayne B. :

If they don't then the attorney can appeal the denial.

Customer:

he didnt the first time

Dwayne B. :

Did you bond him out at the high amount?

Customer:

will it do any good

Customer:

no...$500.00

Dwayne B. :

I think a court of appeals would be likely to find that that bond is too high for that charge.

Customer:

then they re arrested him and trumped up all the charges

Dwayne B. :

However, it takes several tries before you can appeal, usually.

Customer:

exactly

Customer:

so he just sits and waits...

Dwayne B. :

There are certain things he has to file and prove repeatedly to get the amounts lowered.

Dwayne B. :

Yes, that's all he can do right now.

Customer:

so there is nothing he can do

Customer:

wow

Customer:

ok

Dwayne B. :

It's ridiculous, but the lawyer has to jump through some hoops first.

Customer:

add

Customer:

ok

Dwayne B. :

Anything else I can answer?

Customer:

can they convict him on 6 or do they have to be fair in the end

Dwayne B. :

It's not a matter of fair, but if all the charges are for just one occasion then he can only be convicted of one of them.

Customer:

ok...thank you..they were all on one occasion

Dwayne B. :

They can only convict him of one.

Customer:

thank you

Dwayne B. :

I'll exit now to assist others if you don't need anything else and best wishes to you and your husband on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

You're very welcome.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26935
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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