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I am sorry to hear about your brother's unfortunate situation.
Did your brother or his family considered bailing him out of jail?
There has been no bail set after his conviction. He is in county jail.
Was he already convicted?
Was this a misdemeanor or felony DUI?
yes, he has been convicted. Misdemeanor, first offense.
Was he found guilty by the jury?
When is the sentencing date?
He has 3 counts, 1 30 day sentence, 1 180 day sentence. He was guilty by jury
so he is already sentenced?
When was he sentenced?
His lawyer told him he wouldn't be convicted. then he wouldn't go to jail. sentence beginning of the month
it's been 17 days since he was sentenced.
Well, a lawyer can never predict whether someone would be convicted or not.
It is up to the jury.
15 days - sorry
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.
Does this make sense?
yes, he's gotten consistently...unfortunate counsel thus far
His hearing is not scheduled until 30 days from today. Is there any way to accelerate that? He was issued 2 years probation
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...
He has applied for alternative sentencing with both the probation office and through the sheriff. Is the timeline for processing the same?
Also, if approved, could his sentence only be modified at the hearing?
It can take about 30 days.
The judge would have to approve and modify sentence.
So he would not be released before his hearing.
What if he appealed his conviction?
I am sorry to give you this tough news, but I do have to provide you with correct information.
It can take quiet a while before an appeal goes before the appellate court, in some cases up to 12 months.
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?
He might be able to get some time off for good behavior.
Do you have any related follow up questions?
No. I appreciate the time.
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