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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default Asap :(

    My question concerns obtaining a public defender. My father got a first offense DUI and then another alcohol related offense after . He hasn't had any traffic offenses in over 40 years He had a public defender but now they are saying he makes to much. I know his salary may seem like a high amount , but he has no way of obtaining a personal attorney and I have no money to help him . His health is poor and I am afraid if he goes to jail that it will end bad. He is not a bad person and certainly not a criminal. I need advice on what to do ASAP . I do not want my father to die in jail . This also pertains to the state of Rhode Island .

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Asap :(

    Ones bills and spending habits are not factored in to the calculation. I suggest he obtain a lawyer who will take payments. Obviously, he can afford the alcohol that put him into this situation. I am not trying to sound cold hearted, I drink almost every day to control neuropathy. I just do not drive when I am anywhere near the limit for my state and license.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Asap :(

    Why would he die in jail on a DUI? If he has not had a DUI in over 40 years, then he's not likely to do much time at all - if he does ANY time.

    The details matter and you have provided one. What s he charged with?

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Asap :(

    Quote Quoting sandy2903
    View Post
    I need advice on what to do ASAP . I do not want my father to die in jail . This also pertains to the state of Rhode Island .
    There’s really not much you can do other than make some calls and see if you can find an attorney that might represent him and take the fee in installment payments or some other arrangement that is workable. You cannot represent him in the DUI even if you knew how to do it unless you are lawyer licensed in Rhode Island.

    If he goes to jail at all, it likely won’t be very long and there may be some options available as to how he serves the time. I’m not sure what makes you think he’ll die in jail if he goes. His health is good enough that he can drive, so it doesn’t suggest he’s at death’s door step here. So you may be letting your fears run away with you here.

    I will note one other thing. You say he’s not a bad person and “certainly not a criminal.” I can understand that you probably love your father and think of him in the best light. But if he was driving DUI, then he was putting everyone else on the road at risk. It’s dangerous. People die due to drivers who were under the influence of alcohol. So, while he may not be a bad person, he may well have made a bad decision to drive after he’d been drinking. As for not being a criminal, if he was driving DUI that does make him a criminal. A criminal is someone who violates the criminal law, and DUI laws are criminal laws. I mention this because the court isn’t going to have the same bias in favor your father that you do. If he’s convicted, the court will see him as a criminal and will treat him accordingly. It’s not a crime nearly as serious as rape or murder, of course, but it is a crime nevertheless. So the matter is serious enough that he really needs to have an attorney if he can possibly get one.

  5. #5
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Asap :(

    Quote Quoting sandy2903
    View Post
    My question concerns obtaining a public defender. My father got a first offense DUI and then another alcohol related offense after…He is not a bad person and certainly not a criminal.
    According to Merriam-Webster the definition of "criminal" is:
    1: relating to, involving, or being a crime <criminal neglect>
    2: relating to crime or to the prosecution of suspects in a crime <criminal statistics> <brought criminal action>
    3: guilty of crime; also : of or befitting a criminal <a criminal mind>

    Since DUI is certainly a crime, and "another alcohol related offense" implies further criminal activity, your father certainly IS a criminal. Like others here, I do not mean to be callous or judgmental. But, to effectively answer any questions you may have, a realistic view of the circumstances in necessary.

    Quote Quoting sandy2903
    View Post
    He had a public defender but now they are saying he makes to much. I know his salary may seem like a high amount , but he has no way of obtaining a personal attorney and I have no money to help him .
    As already noted, the qualification criteria for having publicly funded legal defense is primarily based on visible income. The criteria is "if you cannot afford an attorney," not "if you choose to spend your money on other things." Your father may well have to change some spending decisions to pay for legal counsel. I know that to you this may seem like an unfair hardship, but it really isn't.

    Quote Quoting sandy2903
    View Post
    His health is poor and I am afraid if he goes to jail that it will end bad. I need advice on what to do ASAP.
    Without knowing what charges your father is facing, especially the other "alcohol related offense," along with some further specifics, nobody can even tell you what the likelyhood of jail is. He is not likely to face any significant jail time, even if convicted, for a first-offense DUI. If the other offense is something like a drunken disorderly conduct, that is also not likely to result in anything more than an over-night jail stay. If it is a drunken chainsaw murder, on the other hand…well, that could well be a different story any you may be right to worry.

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