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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118788
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was seen in court today charged with DUI. Judge Jay Wisman

Customer Question

I was seen in court today charged with DUI. Judge Jay Wisman from Cascade District Court was presiding. My public defender and the prosecution agreed on recommended treatment and 30 days work release so I could continue to work at my job. The judge did not go for the lawyers recommendation and gave me 34 days in the county jail. My lawyer is going to plead with another judge next week hoping he will overturn Wisman’s ruling. Wisman decided out of the kindness of his heart that I will not go to jail till next month cause he believes that I will get another DUI during the holidays and wants to sit back and wait for it to happen. I have had 2 alcohol assessments and both agreed that I just needed extensive education. Wisman called me a liar stating that I lied on my assessments. I hardly ever drink, let alone drive as I have an interlock ignition in my car. This is coming from a judge who has had several DUI’s himself. This is complete prejudice on his part. It is not fair. I will lose my job if I have to go to jail. I will not be able to pay my rent, my roommate cannot afford $1,500 a month by himself, I will not be able to pay my fines, probation or anything else. I might as well rot in jail and stay in there to pay my fines. I will not be a productive member of society anymore but become part of the system. I will be ruined financially. Also recently I was in a car accident (not my fault) and was injured due to a rear end collision on the freeway. My car was totaled. I am in therapy 3 times a week for neck and back injuries. How am I to get better if I am in jail and cannot receiv e treatment. I was given pain medication but choose to get therapy instead. Without regular treatment I will need to take the pain meds and I am scared that I will become addicted within 34 days. Please give me some advice. Can another judge overrule decisions and do I have a good chance of getting work release due to me needing therapy. Thank you.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
Yes, another judge can overrule this judge, but as far as it being a "good chance" we cannot evaluate that, since the judge has the discretion in sentencing and as long as the sentence is within legal guidelines you cannot accuse him of prejudice. For it to be prejudice it has to be based only on your age/race/sex/disability. All of your arguments are valid arguments all grounds to have a judge reconsider the sentence, but that does not necessarily mean they will change the sentence if the judge has given good reason for his sentence deviation from the DA's suggested sentence.

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Customer: replied 4 years ago.

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Expert:  Law Educator, Esq. replied 4 years ago.
I am sorry, I have not received anything from you and I do not know why they charged you. I will send this to customer service for them to sort out and I apologize for any inconvenience.