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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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Good morning, I am looking for some directive as the wife

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Good morning,
I am looking for some directive as the wife of someone who is being charged with his 4th DUI in 10 years. We are not able to afford an attorney, so he has applied for a public defender but has not had contact with them as yet, his next court date is the 6th of June. The judge had said something to the effect of if he qualifies, he no longer has a job because he was a no call no show on Tuesday, will they be looking at my income and say he can afford one? I am also wondering what ramifications I will be facing down the road, other than having to get high risk insurance because I am married to him regardless of the likelihood he will be incarcerated. Any thoughts you have to help prepare me for what is to come would be greatly appreciated.
Dear JACUSTOMER - The court should only look at his finances when determining eligibility for a PD. Obviously this is going to be a problem with insurance etc. but it is possible that you can shop around for insurance for just yourself. I doubt your husband will be driving anytime soon and assuming you have a good driving record I can't see why you can't obtain insurance for yourself. He will need to plead not guilty at the court appearance and ask for an attorney. Being the 4th offense is probably not going to help him to get any type of decent plea bargain unless there is some defense to the charge or irregularities in the stop and the arrest. I doubt you will receive any calls from the PD until the judge in the court makes a ruling of eligibility. There's not much you can do at this time other than trying to work out insurance for yourself. Hopefully an attorney will be appointed and get the best possible deal but I know from experience that good deals are difficult to come by on a 4th DUI so be prepared for a heavy fine and probably some jail time.
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