If my brother has probatation violation and DUI, what will happen?

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If my brother has probatation violation and DUI, what will happen?

My brother has been in the county jail since the end of July of this year. They arrested him on driving under suspension and he refused to blow. The county gave him a DUI probation violation for drinking and driving and no driver’s license. He goes in front of the judge on the 10/18.

Asked on October 10, 2010 under Criminal Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your brother is facing some serious charges here.  Since a  DUI triggers both a civil and a criminal case, he really should have legal representation for this.  With an experienced attorney he stands a better chance of receiving a lesser sentence.  Since this a fact sensitive case in particular, and a highly technical area of the law in general, he needs to retain a lawyer that specializes in these matters. Just make sure that they practice in the area where all of this occurred.  Aside from knowing the law they will also be able to utilize their contacts at the court to his best advantage.

If money is an issue, see if he qualifies for representation by legal aid or see if they can recommend someone to help him.  Also, check if there is a law school nearby to where the arrest took place; they typically run free/low cost clinics that handle these type cases.  Additionally, have him contact the local Bar Association in the county where the proceedings are being held; they may have a list of attorneys who will take his case "pro bono" (for free) or at least for a reduced fee based on his income/circumstances.


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