Legal Question in DUI Law in Louisiana

Re: Rehab

Dear LawGuru Friend,

First of all, it is surprising that he is actually serving prison time for multiple offense DWI. But if he is, that means he has already pled guilty or been convicted after a trial and then has been sentenced. I would need to know how much time he has been sentenced to, how much of that time he has served, how much time he has left and when his scheduled release date is. The answer is yes, something can be done to achieve the results you mention in your letter of inquiry. In my opinion, you need a lawyer to work on this for you, as lawyers just have a head for getting such things done and they also have access to the law and are familiar with the legal processes and legal personnel who control such things and/or who make the ultimate decisions to have done what you are seeking to have done. Just take this lawyer's word for it that it can be done. What needs to be done and what can be done depend a lot on what the original sentence was and how much time he has served and that type of information. Some options are (1) get the D.A. and the Judge to agree to a time cut and a re-sentencing. Most judges would never cut a sentence if the D.A. did not go along with it; that is, if the D.A. objected to it. Most judges would ask a lawyer, "What does the D.A. say about it?" Secondly, you can apply for executive clemency from the governor, through the pardon board. This could be in the form of an outright pardon (unlikely, before time served) or a reduction fo sentence to time served or to parole eligbility (which the governor can do, usually based on the Pardon Board's recommendation). (3) Thirdly, there is a chance if not more than two years have elapsed since he was sentenced, he can obtain a Post Conviction hearing and win some kind of a reduction of sentence or new trial or such. Lawyers have to size up the situation based on all the facts and then decide the best way to proceed and the odds of being successful in each of the different categories of seeking relief. This is not to solicit business, but you can call me and discuss this with me at no charge. I will learn more of the facts and then tell you what I think you should do. Best of luck to your brother and to you and your and his family! I am in Lake Charles and my phone number is easy to get through informaton. Finally, let me make this clear that I assume you are talking about a Louisiana case. If so, I would like to know what parish it is in. If not, just disregard what I tell you and talk to a lawyer from that state, but some things are pretty much the same no matter what state it is in. Again, best of luck to you all!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA 70601