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Alex J. Esq.
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 16453
Experience:  Licensed Experienced Attorney/former law enforcement officer
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My brother is currently in jail for DUI in Orange County, his

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My brother is currently in jail for DUI in Orange County, his first offense. He has applied for alterative sentencing and has been "approved for consideration". He is at risk of losing his job if he doesn't get this resolved quickly.

What is the typical process for applying for alternative sentencing? How long does it typically take? He wants to do everything he can to keep his family and job afloat.

Alex J. Esq. :

Hello my name is XXXXX XXXXX I will be glad to answer your question.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

Are you online with me?

Customer:

Yes

Alex J. Esq. :

I am sorry to hear about your brother's unfortunate situation.

Alex J. Esq. :

Did your brother or his family considered bailing him out of jail?

Customer:

There has been no bail set after his conviction. He is in county jail.

Alex J. Esq. :

Was he already convicted?

Alex J. Esq. :

Was this a misdemeanor or felony DUI?

Customer:

yes, he has been convicted. Misdemeanor, first offense.

Alex J. Esq. :

Was he found guilty by the jury?

Alex J. Esq. :

When is the sentencing date?

Customer:

He has 3 counts, 1 30 day sentence, 1 180 day sentence. He was guilty by jury

Alex J. Esq. :

so he is already sentenced?

Customer:

yes

Alex J. Esq. :

When was he sentenced?

Customer:

His lawyer told him he wouldn't be convicted. then he wouldn't go to jail. sentence beginning of the month

Alex J. Esq. :

okay.

Customer:

it's been 17 days since he was sentenced.

Alex J. Esq. :

Well, a lawyer can never predict whether someone would be convicted or not.

Alex J. Esq. :

It is up to the jury.

Customer:

15 days - sorry

Alex J. Esq. :

In any case, generally it would take about 30 days for the alternative sentence process to take place and then a hearing before the judge would be held and the judge will either approve or deny alternative sentencing.

Alex J. Esq. :

Does this make sense?

Customer:

yes, he's gotten consistently...unfortunate counsel thus far

Customer:

His hearing is not scheduled until 30 days from today. Is there any way to accelerate that? He was issued 2 years probation

Alex J. Esq. :

Unfortunately, generally there would not be a way to accelerate such hearing, unless there is a compelling reason, such as the inmate has a life threatening condition and needs medical treatment, etc...

Customer:

He has applied for alternative sentencing with both the probation office and through the sheriff. Is the timeline for processing the same?

Customer:

Also, if approved, could his sentence only be modified at the hearing?

Alex J. Esq. :

Yes

Alex J. Esq. :

It can take about 30 days.

Alex J. Esq. :

Yes.

Alex J. Esq. :

The judge would have to approve and modify sentence.

Customer:

So he would not be released before his hearing.

Alex J. Esq. :

Correct

Customer:

What if he appealed his conviction?

Alex J. Esq. :

I am sorry to give you this tough news, but I do have to provide you with correct information.

Alex J. Esq. :

It can take quiet a while before an appeal goes before the appellate court, in some cases up to 12 months.

Customer:

So it sounds like he will have to serve until the hearing date. If that is denied, will he have to then fill his full sentence?

Alex J. Esq. :

Correct

Alex J. Esq. :

He might be able to get some time off for good behavior.

Alex J. Esq. :

Do you have any related follow up questions?

Customer:

No. I appreciate the time.

Alex J. Esq. :

I wish you the best of luck.

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