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my brother was convicted of a felony because he failed to abide by the restraining order he was given. he took a plea of 16 weekends in jail but also included completing an alcohol program, anger management classes and 5 yrs of probation. during this time he was also to work a full time job. He does not have a license due to a DWI he received a few yrs prior, but served his time in jail for that conviction. He had violated his probation for the DWI so he had to serve time.He again violated his probation and is now in jail.The DA is offering 1yr which his PO suggested. He already has been in there for 2 mths now and has not been sentenced. His public defender has only seen him for 5 min prior to his first court date but says he will get him reinstated. Since that time he has not seen his PD. Can he request a new PD? Also he would like to write letters of lienency because he has 5 children whom receive child support.Who should he write 2 & how?

Submitted: 483 days and 12 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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rochester, New York

Already Tried:
public defender

Answer

He can request a new PD, although if the PD is telling hime he will get him reinstated I don't know that he would want to.

He can have someone write letters of leniency but do not send them to anyone. Have the attorney present them during trial although they are hearsay and the judge won't look at them if the DA objects. A better idea is to have the witnesses there live.

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Expert: JD 1992
Pos. Feedback: 99.4 %
Accepts: 
Answered: 7/27/2008

Lawyer

Numerous criminal trials ranging from traffic to murder, practicing Criminal Law since 1992

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