Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have been arrested for a fifth DUI, it's been a span of…

Customer Question
Hello. I have been...

Hello. I have been arrested for a fifth DUI, it's been a span of over ten years since my last arrested. I had a public defender who didn't return my calls or make any kind of plea agreement. My last case review she wanted me to do 18 months. Seems unfair because I have grown and made a terrible decision to drive that night. I understand that. I asked for a continuance to seek other council. So I contacted a Lawyer from Georgetown and he consultated my case and told me that I have been charged for for a fourth DUI twice. I am confused and don't know what to do. Can you help me?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Delaware. June 11, also I tried to explain to my public defender what the Lawyer said and she didn't try to help my situation at all. To busy doing her other cases. I felt abandoned.

Lawyer's Assistant: Have you talked to a lawyer yet?

I have. I paid the Lawyer for a consultation and he told me about the 4th DUI situation, but couldn't take my case.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been on my job 1+ plus years in a very respected position and I feel that eighteen months would put me in a situation where I might lose my home (that my wife and I purchased), I am also in remission of cancer. I was hoping for a home confinement or work release program for my accountability. I also knowingly know that I will have to do the alcohol classes and everything else that may be given.

Submitted: 5 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 17 minutes by:
11/16/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,994
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago

Unfortunately, the Delaware DUI statutes are fairly harsh. Whether this is a 4th or 5th arrest, a jail sentence is mandatory. Some of the jail time can be suspended for a 4th arrest. None can be suspended for a 5th. House arrest is not an option for a 5th arrest. It would be for a 4th.

However, if the DA is doing you a favor and for purposes of a disposition only, will allow you to plead guilty to a 4th DUI and suspend some of the sentence, the 18 months may be the best deal the DA is willing to give you. That's because if you turn it down, you could go to trial fighting a 5th DUI. where you'd face a minimum of 4 years of prison.

You need to ask your lawyer if the DA is only letting you plead to a 4th DUI as part of a plea bargain.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 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.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,994
29,994 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Situation -- jury trial, they return with a guilty verdict.
Situation -- jury trial, they return with a guilty verdict. Defendant absconds just before sentencing. 16 years later the defendant wants to go back and ask for a re-trial. Is there a possibility or h… read more
Bill Attorney
Bill Attorney
law
2,008 satisfied customers
I missed pre trial but talked to them and they reschedule
I missed pre trial but talked to them and they reschedule for the following week can I have a warrant? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
My husband was sentenced back in 1991 and went to prison.
My husband was sentenced back in 1991 and went to prison . When he got out he was told at the time he had to register for 10 years and then when the laws changed he was then put on lifetime … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,994 satisfied customers
Thank you once a person is convicted and sentenced to prison
thank you once a person is convicted and sentenced to prison on a plea deal, .. is there any way to change the sentence? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,994 satisfied customers
I was sentenced to jail & need to know if there's anything I
I was sentenced to jail & need to know if there's anything I can do if I feel there's judicial misconduct … read more
Jonathan Holson
Jonathan Holson
JD
66 satisfied customers
If sentenced to 1 yr are you able to get paroled after a
If sentenced to 1 yr are you able to get paroled after a criminal misdemeanor battery charge for good behaviour … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
In a criminal harassment trial (MA 265; 43A), can the
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incident… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,994 satisfied customers
If a defendant is indicted and asks for a speedy trial.
If a defendant is indicted and asks for a speedy trial … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
155 satisfied customers
I have questions on criminal trial procedures on charges of
I have questions on criminal trial procedures on charges of sexual battery and assault. Will these questions appear online? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,994 satisfied customers
If a complaining witness in a battery trial has a history of
If a complaining witness in a sexual battery trial has a history of filing other assault and sexual battery accusations, would that information be prevented from coming into trial because of Florida's… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
I have a nephew that was sentenced to life for burglary
I have a nephew that was sentenced to life for burglary armed w/exp or weapon. He has been in prison for 19 years and don't have a release date. This to me is a true injustice. His public defender did… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
If I was sentenced to prison and the jurisdiction I was
If I was sentenced to prison and the jurisdiction I was sentenced in does not have a prison for woman. Am I allowed to go back before my sentencing Judge for a suspended sentence? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,994 satisfied customers
My sister was sentenced to federal time for years ago she
My sister was sentenced to federal time for years ago she cooperated with the prosecutor and got a lesser sentence. Now they called her back to testify against another defendant and they say they cann… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
155 satisfied customers
My nephew signed plea agreement. The home owner said he paid
my nephew signed plea agreement. The home owner said he paid a 2500.00 deductible for his apt broken into and the court agreement says 3500.00 reimbursement for this nefews friend missed wages for com… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Is it possible to enter a plea agreement for a fed crim case
Is it possible to enter a plea agreement for a fed crim case with white collared crime offenses if the defendant has a qui tam complaint (or case) against individuals (one with a pending indictment fo… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
155 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x