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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27044
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was charged with a dui Guam. Since it was the first

Customer Question

My son was charged with a dui Guam. Since it was the first offense the judge charged him with1 day in jail, 2 years probation and $1200. The company he is working for is struggling and he hasn't worked for a few weeks. He can't afford to live in Guam and needs to come back to the states. What are his options? He wants to do the honorable thing but isn't sure how to proceed.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Did your son have a lawyer when he took this plea?

Customer: replied 7 months ago.
No he did not. Couldn't afford it.
Expert:  Zoey_ JD replied 7 months ago.

I'm sorry but the site indicates that your payment for the call did not go through. Customer service will contact you and sort that out. Until that's done, I cannot call you.

Your son is not in a good position, unfortunately, because probation is a sentence given in lieu of jail. He needs to speak to his probation officer about the possibility of getting his case transferred Stateside. If probation says no, then probation can help him get the case back before the sentencing judge to see if the judge will allow it.

Frankly, they don't have to allow it. Back when your son took this plea, he agreed to its terms, and he was probably told how much jail he could do if he didn't successfully complete probation. That's what he's risking if he doesn't complete probation.

If the court says no to a transfer, he can ask for a larger fine or for a lot of community service which he could finish in a couple of weeks. If the court says no to that, his option would be to return to the mainland, whereupon a warrant would issue for his arrest in Guam, or to look for a new job in Guam that would allow him to afford to stay there for long enough to be eligible for an early release from probation. (He can apply for that at the halfway point).

He should first consider visiting the local public defender's office. Maybe they will agree to step in since he's not working and in a financial and legal jam.

Expert:  Zoey_ JD replied 7 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 7 months ago.

Hi Zoey, My son Justin has to go to court this week. He thinks it is for the day in jail. Could you please call him and discuss what he should do? The probation officer isn't calling him back. His number is ************. Thank you. Sonya Tin****

Expert:  Zoey_ JD replied 7 months ago.

I'm sorry but I cannot do that. Experts here are not allowed to represent customers and I am not licensed to practice in Guam. He should go to the local public defender's office for hands-on free legal advice.

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