Thank you for your insight. I will apologize now for the length of this post. By its end, I'm going to feel obligated to send you a check for your consultation.
As for serving time, I believe it is 6 month. 2nd offense DUI is up to 6 months in one county (where I got the first DUI, served a weekend in jail), and 90 days in the other (where I got the second, served 72 hours in jail). However, like I said, my lawyer got me a deal such that I got charged with two 1st offense DUIs (I hadn't been convicted of the second yet). I believe he said that it would appear in my record as simply a 1st offense DUI (I figure probably more for background checks, as obviously a judge would have access to my whole record), but I wonder if a probation violation would thusly only be a violation of probation for 1st offense DUI? - Of course, I would tend to think that a probation violation would nullify this setup regardless.
I am assuming then, that regardless of how long of a probationary period I was sentenced to, that I am still on probation until costs are paid in full? I am wondering why they didn't take me straight to county jail when I got arrested - wouldn't the officers have gotten report that I was on probation when they ran my info, and thus, shouldn't have I been taken to county to await bail or my court date? And, should this get knocked down to disorderly conduct, is that a probation violation? What sort of punishment would I be looking at in that case (if it is any different)?
Like I said, the District Justice is a reasonable man. I live in an upright borough where there is little crime aside from young people partying. A family friend has a relative who has been arrested here for public drunkenness at least 10 times, and this Justice did not send him to jail until finally he got arrested, went to court, and hadn't paid several years' worth of fines. He only went to jail for the weekend. I am curious why he wasn't on, or wasn't sentenced to, probation by that point, and how such a consistently repetitive offender got such lenient punishment, but my point is that the Justice does not tend to be heavy-handed.
I understand that I also have debts from past years, not to mention to probation violation, but there also extranneous circumstances which I hope to explain to the Justice face-to-face prior to the court date. I wonder how much value you, as a lawyer, would put into my leveling with the man. I've made this mess to deal with, I understand that, but there are many significant details which, I hope, will gain a little of his empathy:
I live on a 10-acre horse/dog farm with my 55-year-old mother who works 50+ hours a week. On a daily basis I spend no less than 4 hours maintaining the land and tending the animals for my mother. She simply cannot support this lifestyle if I am not here. The house and land will dilapidate.
My neighbor is on the police force and can corroborate that this is the sum of my daily life, as he watches me do it.
I cook and clean for, and generally look after my recently-widowed, 84-year-old grandmother on a near-daily basis. Same deal for my grandmother on the other side whose Alzheimer's is coming to fruition.
I babysit my two nieces and nephew several times a week
I assist my quadriplegic neighbor (also on the school board, if that might help my case) 3 days a week with his rigorous physical therapy
I go back to my high school and run after-school group lessons and practices with the jazz band and trumpet players fairly regularly, co-jointly with the band director, for fun/free
All of these people will be left in the cold
I am returning to community college in May for Chemical Engineering. I have paid $1800 in tuition already and have, in principal, been accepted to transfer after two years the University of California system, pending grades.
My brother is a life-long criminal and addict, currently in jail. He obviously cannot replace me on the farm. My mother has funded all of his legal expenses. My sister is in the beginnings of what will be a nasty divorce. My mother will be funding her expenses. Given my college costs, payments on DUI fines and this upcoming fine, she would possibly have to lend me money for my lawyer as well. I am trying to avoid letting her know of any of this, as there is enough strife in her family life. I wonder if any or all of this would weigh on the Justice's consideration. The police know my family for these and other routine dysfunctions. They know me as the bright spot of the bunch who had a big slipup, and they know that I deal with gross dysfunction on the regular and that my transgressions are, if only minimally, reactive to that.
I have been beating myself up about this, and everything I have said here is true. I have genuine contrition, people dependent to me, and a very real and profound chance to get back to school and get my life going. Besides these drinking offenses, I have only received a disorderly conduct, and that was over 5 years ago. As a lawyer, do you think any of this have any bearing? Is it worth the trip and the shamelessness to talk to the Justice prior to my court date? As you can see, I am pulling at straws to avoid getting a lawyer or my mother involved

