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

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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: 7 months ago.Category: Criminal Law
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Answered in 17 minutes by:
11/16/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,886
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor 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.

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