What Can I Do Regarding This Case?
Question by <3: What can I do regarding this case?
I have been going to court since October 2009 for a DUI .. I took a bargain plead of jail time then to go to an inpatient re-hap which I have not drink since the DUI occur and I have never done drugs in my life. I was ask to surrender for county jail time. I did everything I was entitled to I was release early by the sheriff’s department for work release. After I was released I called the re-hap center since it was court order. They did an assessment over the phone and they said I don’t qualify because I have not drink alcohol since the DUI occur. I have been complying with work release and went back to court to present my AA program to the judge by my attorney and explain the matter that re-hap will not accept me that they suggested a out patient program. The DA is furious he wants for me to go back to jail. I mean I did everything the judge asked me to do. I really think the DA is obsessed and is stating false accusation that I violated my probation for that I said to the lady of re-hap ”that it was a year since I drink alcohol”. but he wants me to go back to jail and not finish my work release.. That has a penal code on the form I signed before release if I don’t finish it I will violate the agreement with sheriff department Lee Baca. The judge is aware that what the DA is saying is not acceptable but hope everything goes well by the next court appearance but if I have to return to jail after I already did everything I was entitled, and if I believe it was a unfair decision can I counter sue? and who can I sue for that?
Or any other suggestions that I can do on this case.
Very good point Kelle.. My husband thinks the same, that the DA is furious. I do believe he did make a mistake on trying to get me to go to re-hap especially inpatient.. I mean this is my first DUI, and I certainly don’t have a drinking problem. It was a bad choice to drink and drive that day I am aware of that. As long as I do everything right I believe the judge will honor that and make the fair decision on my behalf.
Best answer:
Answer by kelle
Forget about suing . You wouldn’t win.
The JUDGE makes the final decision, not the prosecutor. You didn’t mention your lawyer. You NEED one. Go to court one day and find the Public Defender’s Office. He will represent you. It is free.
I’m very impressed with your control of your drinking. An outpatient programme ( AA) would still be a good idea . It will give you the support you need if you go through a rough patch. It will also look good for the Judge.
I’m sure things will work out for you. Good luck.
I would bet the prosecutor was mad because the Re hab. Centre didn’t take you. Prosecutors like to get their way. :)
When they said you didn’t qualify, they were actually saying to him that he had made an incorrect call. :)
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