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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27109
Experience:  Active member of the NYS bar since 1989
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My daughter went to trial case and lost and went to jail

Customer Question

My daughter went to trial for DWI case and lost and went to jail without getting time to get her affairs in order. Now we have not heard much from her layer and don't know what's next. I need advice before sentencing. Colleen albany ny
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

My name is ***** ***** I am a NYS lawyer.

I'm sorry to hear about your daughter? Was she convicted of a misdemeanor DWI or the felony? When is her sentencing date?

What is the question that you would like to ask about this situation.

Customer: replied 1 year ago.
felony. Feb 8 but it maybe moved up. Is there anything else we can do for her in order to get her the help she needs incarceration is not the answer rehabilitation is what she needs.
Expert:  Zoey, JD replied 1 year ago.

Thanks for the reply.

Rehabilitation may indeed by what she needs, but she has to want that and also to be eligible for that before her lawyer tries to convince the judge to give it to her. If she has no prior felony convictions, there is no mandatory minimum sentence required on this felony and she can be placed on felony probation with a condition that she refrain from alcohol and also get treatment/counseling.

But this is between your daughter and her lawyer, as they will be discussing her possible options and it's her choice and her choice alone as to whether she is interested in some kind of formal program. And, as you've learned, her lawyer doesn't have to give you very much information. In fact, he's bound by attorney/client privilege and can't tell you anything substantive about what they are discussing unless she asks him to do so.

If she does want some particular program option, however, her lawyer can try to negotiate that and may want to prepare a special pre-sentencing report, which will give much more information about her than the report probation prepares. It could be extensive enough so that the judge clearly sees that she could benefit most by being placed in a program.