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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27196
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My daughter 26 y/o Shavonna Johnson a Navy veteran was killed

Customer Question

My daughter 26 y/o Shavonna Johnson a Navy veteran was killed in Columbus Ga 12-28-13 by a drunk driver. He bailed out in Feb 2014. I understand he got another DUI in April 2015 and already went to trial and currently serving 12 months on that conviction. I have a meeting with the DA to get an update on my daughters case but had been given bad information from DA's that this kid was still in jail as though he never bailed out. I live in Florida and unable to access a Ga inmate search to find out the truth. Is it possible to go to trial for 2nd offense first? This happened in the same jurisdiction. What questions should I ask the DA?
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I am sorry to hear about your loss and what you are going through. Yes, it is possible when someone has two open cases, to resolve one before the other. What likely happened is that when he picked up the second DUI, with the first DUI open and pending, his bail was revoked and he was sitting in jail. As such, he likely just decided to go to trial and see the outcome, instead of wait, unless he wanted to take a plea deal and resolve both cases at the same time and try and run the sentences concurrent. At this point, you want to speak with the State and see/ask if they know why he went to trial on this and if there are any pending plea deals, involving the first DUI. In addition, you want to speak with them about what sentence they will seek if he is convicted of the other DUI and to make sure they ask that the sentence run consecutive, not concurrent, with the first one he is serving time on, so he will be in jail longer for what he did. The second case may have been strong for the State and he wanted to just resolve it or go to trial and he may think he could prevail on the first one, so he wants to do his time already. The goal is to get the DA to tell you if they are ready for trial, what sentence they will seek and what exactly happened with the second DUI, which resulted in him going to trial so fast.
Expert:  LegalKnowledge replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!