Legal Question in Criminal Law in California

Re: Jail sentencing

Despite your excellent narration of events, in order to tell you what's likely to happen to him, I'd need to know much more information. You and/or he should have a consultation with a criminal lawyer near your home. Most attorneys give free consultations. If you live in LA, you're welcome to call me for a free consultation. My telephone number is (310) 393 0639.

Re: Jail sentencing

I've read Steve M's. reply and only intend to supplement it.

In the first place your brother just flunked an I. Q. test. That is his second DUI. He is probably not facing several felonies. In fact none of these may be filed as felonies. Depending on his BA at the time of the arrest, the D. A. may insist on some jail time and then some time in a locked facility to receive treatment for his alcoholism.

He needs to be attending AA meetings 'right now,' at least one every day. Ask the AA people for the card that they sign so he can produce evidence wot the court that he his serious about his problem, and produce it at his next court appearance. If his bail was only $2,7__.00 he may find that he'll be taken into custody at the arraignment and the bail increased. If his bail was $27,000.00 and he paid a bail bondsman the 10% non refundable then that is about the right amount of bail. The fact that you probably didn't get the bail amount correct indicates the only facts you know is what your brother told you, and there is 99% chance he is lying to you. So don't waste your time going to talk to an attorney. Your brother needs to go.

He may want to check on locked facilities that are doing alcohol counseling. In Orange County that is the Salvation Army. There are several other facilities, however, they cost money i. e., medical insurance.

Do not waste a lot of money on your brother i. e., your time. He needs to hit bottom. You should not become and enabler. Attend an Alinon meeting to get some perspective on what you should or should not do for your brother. He needs tough love. And if that's a year in the County Jail (local lid) and it saves his life, it is what he needs. Ultimately the bottom for an alcoholic is death. And you need to treat it that way. If he doesn't want to cooperate get someone in AA that will assist the family to do an intervention. That means he goes along with the program, or he goes on the street.

He needs more than simply a legal solution to his problems. The judge needs to be assured he is tackling his medical psychological problem at the same time he's addressing his legal (criminal) problems.

You get some education on alcoholism (you'll see plenty of it as a police officer), show him some tough love, and lots of luck.

I've attended a course on the subject. The above is also from personal observations of my friends' problems.