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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My husband, Joe, was charged with a 3rd DUI, in Mercer County,

Customer Question

My husband, Joe, was charged with a 3rd DUI, in Mercer County, NJ. Judge Hoffman sentenced him to 180 days in Mercer County Corrections Center, Lambertville, NJ. At the sentence the judge said that Joe can do 90 days in MCCC and 90 days in an approved drug/alcohol rehab., but he would have to get a motion to do so. March 4th will be 91 one days that he has served in MCCC. He has been approved to go into a rehab. on March 6th for the rest of his sentence.
On February 14, I called his lawyer to get the motion going. I paid him again, cash. This week, the lawyer said he would see the judge on Tuesday 2/28/12 and hand deliver the motion. I called him Tuesday and he said that the judge went on vacation and there was a substitute judge. I asked him why he didn't ask that judge to sign the motion, he said judges do not like to go over another's orders. He said he would go back today, 3/1/12 and take care of it. He didn't. He said that the court was closed unexpectly. I called the court. It wasn't. I came right out and said to him, "You didn't go Tuesday?" He said "No, I didn't. He then said he would go to the substitute judge's office. I haven't heard from him. My husband needs to get out to start rehab.
Can I hire a new lawyer that will be able to get a judge to sign an order stating he can be released from MCCC to the rehab. by Tuesday. There's a waiting list. I'm afraid he'll lose his spot. Please advise.

Alice Nemeth
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

Samuel-II : Hi
Samuel-II : I suggest your attorney needs to tell the on call judge that this is an emergency situation and present the Motion for the judge to sign for the vacationing judge.
Samuel-II : It will take too much time for you to have this attorey withdraw appearance and get a new attorney. And then you would need to file a fee dispute to have your cash returned to you.
Samuel-II : So, it is my suggestion that you will want to have your attorney continue trying

Ok, I'll do that. Thanks.

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