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Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Thank you. My brother got dui in 2007, he did not Complete his 20 days jail sentence, it is almost 11 yeas ago. Does he qualified for statutes of limitation ?

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

He recently got arrested and being transport to the county where he got sentenced.

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He recently got arrested for the dui warrant and dwr

Submitted: 9 months ago.Category: Legal
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9/16/2017
Lawyer: Dwayne B., Attorney replied 9 months ago
Dwayne B.
Dwayne B., Attorney
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Lawyer: Dwayne B., Attorney replied 9 months ago

Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 9 months ago

Your Question: " Does he qualified for statutes of limitation ?"

Answer:

No, the statute of limitations does not apply in this case. A statute of limitation is the time period which the law allows a DA to bring charges after a crime is committed. It has nothing to do with serving a sentence. Once the DA charged your brother with the DWI then the statute of limitation no longer applies for any purpose.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 9 months ago
The dui was about 11 years ago and always resided in Colorado. Does he qualify for any thing ? What is differedne of statue of limitation or statues of liberation ?
Lawyer: Dwayne B., Attorney replied 9 months ago

There is no statute which is going to apply in which he can use to avoid the sentence. Once the sentence was assessed the only way to clear it is to complete the sentence. Typically, a defendant doesn't have to do all of the time assessed since the will be eligible for good time credit, etc. The problem he may have is that they may have filed a motion to revoke when the sentence was not completed on time and which case he may be looking at a different sentence now. However to know that you will have to have a local attorney go and look through his entire file as well as the judges docket sheet.

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Customer reply replied 9 months ago
If the sentence was for 20 days jail time in 2007, would it be still Same number of days or more days ? Thank you . During the jail time can he come out for court hearing ? Is there any possibility to come home and see the children ? This was a no bond case.
Lawyer: Dwayne B., Attorney replied 9 months ago

If the judge does't revoke the probation the it is possible it will be for the 20 days. However, if a revocation is filed it would depend on what the original plea bargain said but it could be up to the maximum for that time. Unfortunately I don't have a copy of the 2007 statute and I don't remember the penalty ranges for that time period.

Normally you do all of your time and are not release to come home but his lawyer can certainly ask to see if the judge would grant it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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