On 9/21/2006 my daughter had a wreck which injured not only herself but another person. She had drank at 5 pm that day but the wreck was not until almost midnight. at the trauma unit (she had a broken neck and back and was not thought to make it) I was taken to the side by a nurse and told my daughter has a liver condition that doesn't allow alcohol to be processed correctly and that this info may be of use at a later date. she was leaving her boyfriends house where she had been kicked out of and made to leave the property by himself and his mom (also our attorney's son and ex wife). Our attorney held over the case to make it to the superior court (each time he went he was told they had lost her file and rec'd signed paperwork from the courts). Fast forward to present date-3/4/2010 judge heard case and sentenced her to 18 months jail time for first offense. other victim in this case came and she pleaded for leniency for my daughter and even said she was surprised by all this "court stuff" as she was told by police the night of the wreck that my daughter had died. Now I am not looking to get her out of punishment but believe jail time is not the most effective punishment to be had and our lawyer was supposed to bring up the liver issue (as her BAC was 3 times the legal limit 7 hours after drinking) and that we had alternative punishment we would have liked the courts to at least consider. My daughter is newly married and the breadwinner of her family. We had wanted to offer these as punishment: 18 mths house arrest (which she pays for not the county)-Mandatory AA attendance whereas she is to get a sponsor and give that person permission to talk with her probation officer-probation and revoke of license for 5 years-Victim impact classes-DUI and safe driving classes-all these are at her expense and not the county. We were told by our lawyer that the courts could not change her charges but she went from 1 felony and 4 misdemeanors to 3 felonies (2 were dropped at court) -so now she is serving 18 months on a first offense DUI that she used her no-lo with. I want to file an appeal what can I do?? we feel she was not effective represented -it took almost 4 years to come to trial and evidence was not presented as it should have been-HELP! She is turn herself into start her sentence 3/19 so my time is limited. Again dont want to get her off just want to see justice served in a most effective manner that will help all parties involved. thanks for listening
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daughter lawyer didnt present alternative punishment or evidence
- Thread Starter cyndid18
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army judge
Super Moderator
Her rights are limited.
She has been sentenced.
You can appeal the sentence, but that won't be heard anytime soon.
You can file for habeas corpus relief in state or federal court.
Most state courts disallow that until the appeal has been heard.
Federal courts can hear a habeas sooner, but it won't be tomorrow.
You can seek a stay based on her medical condition.
That might be your fastest route to forestall her pending incarceration.
You should look for attorneys in your area or nearby to discuss your options.
You should initiate this today, as you have about 10 days until they lock her away!!!
How old was your daughter when this happened?
Some states allow you to post an appellate bond and stay your incarceration until the appeal is heard.
That could be a potential remedy for you in this matter.
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She has been sentenced.
You can appeal the sentence, but that won't be heard anytime soon.
You can file for habeas corpus relief in state or federal court.
Most state courts disallow that until the appeal has been heard.
Federal courts can hear a habeas sooner, but it won't be tomorrow.
You can seek a stay based on her medical condition.
That might be your fastest route to forestall her pending incarceration.
You should look for attorneys in your area or nearby to discuss your options.
You should initiate this today, as you have about 10 days until they lock her away!!!
How old was your daughter when this happened?
Some states allow you to post an appellate bond and stay your incarceration until the appeal is heard.
That could be a potential remedy for you in this matter.
Sent from my iPhone using Tapatalk
army judge
Super Moderator
Good luck.
Has your daughter sought help for her drinking problem?
If not, this might be a good way to show the court she's serious about rehabilitation.
If she has, she should stay with it, and bring proof of her progress.
army judge
Super Moderator
cyndid18 said:
Maybe, maybe not.
If you pursue the other strategies, she might be allowed to remain free while she appeals.
Or, her medical claim might buy her more time.
Sent from my iPhone using Tapatalk
we have called another lawyer who says he will do it for 30k-i spoke to the ada who was the one in the court that day-i understand he cant really discuss the case with me but has suggested i go to bar and complain about the attorney, he also said she has no leg to stand on as far as the DUI goes as she drank underage-I agree to that but how do they get a felony DUI when they dropped the reckless and the other charge (both felonies) and according to the law the reckless has to be a part of a whole to make the DUI a felony? I am confused how a first offender DUI pleading no lo can go to jail for 18 months with a 2 year limitation. below is what the court website says maybe you can see it and explain-You have been the best part of my day as i am extremely worried about her-scared she will attempt suicide as she has said she cant go to jail
* Count 1: 40-6-394, serious injury by vehicle-f - 09/21/2006. disp: adjudication withheld on 03/04/2010
o Sentence - ct: 1, first offender-probated, $50.00, probation: 8 years, probation: 6 months, confinement: 18 months, Sentence Date: 03/04/2010
* Count 2: 40-6-394, serious injury by vehicle-f - 09/21/2006. disp: nolle prosequi (nol pros) on 03/04/2010
* Count 3: 40-6-394, serious injury by vehicle-f - 09/21/2006. disp: nolle prosequi (nol pros) on 03/04/2010
* Count 1: 40-6-394, serious injury by vehicle-f - 09/21/2006. disp: adjudication withheld on 03/04/2010
o Sentence - ct: 1, first offender-probated, $50.00, probation: 8 years, probation: 6 months, confinement: 18 months, Sentence Date: 03/04/2010
* Count 2: 40-6-394, serious injury by vehicle-f - 09/21/2006. disp: nolle prosequi (nol pros) on 03/04/2010
* Count 3: 40-6-394, serious injury by vehicle-f - 09/21/2006. disp: nolle prosequi (nol pros) on 03/04/2010
army judge
Super Moderator
The charge was enhanced most probably because someone was hurt seriously in the accident.
It didn't have to be the other perosn, it could even have been her.
It also has to do with the property damage caused by the accident and her under age status.
I'd speak with the new lawyer and see if he could lower his fees a bit.
He might also allow you to make payment arrangements.
But, from what you posted about the sentence, it seems that this is a deferred sentence.
If she gets through this doing as she's told, this can be expunged from her record.
It also looks like that she's only going to do 6 months jail, not 18 months.
I think 18 months might be the max.
All in all, she has been very lucky.
As I said, you can sometimes get a defendant to stay out of jail while you do the appeal.
The judge can stay the sentence and let her out on bond or her own recognizance.
Hang in there, it isn't over yet.
There is always hope.
Meet with the new lawyer and see what his plans are for this.
I've taken cases knowing i could get a certain outcome.
This is especially true if you like someone.
So, make sure you and her are very nice to the lawyer.
Make a personal connection and people will go out of their way to do more for you.
Keep me posted as to what happens over the next few days.
I think this will have the result you seek.
It sounds worse than it is.
It didn't have to be the other perosn, it could even have been her.
It also has to do with the property damage caused by the accident and her under age status.
I'd speak with the new lawyer and see if he could lower his fees a bit.
He might also allow you to make payment arrangements.
But, from what you posted about the sentence, it seems that this is a deferred sentence.
If she gets through this doing as she's told, this can be expunged from her record.
It also looks like that she's only going to do 6 months jail, not 18 months.
I think 18 months might be the max.
All in all, she has been very lucky.
As I said, you can sometimes get a defendant to stay out of jail while you do the appeal.
The judge can stay the sentence and let her out on bond or her own recognizance.
Hang in there, it isn't over yet.
There is always hope.
Meet with the new lawyer and see what his plans are for this.
I've taken cases knowing i could get a certain outcome.
This is especially true if you like someone.
So, make sure you and her are very nice to the lawyer.
Make a personal connection and people will go out of their way to do more for you.
Keep me posted as to what happens over the next few days.
I think this will have the result you seek.
It sounds worse than it is.
again you have made my day-she was seriously hurt as was the other lady (2 broken legs) -all restitutions were made and all was taken care of financially-I hate this for her but she has moments where she is okay with serving time. i just hate to think of my baby in there for something i know she is sorry for and has yet to forgive herself for. she has suffered more in the last 6 months than the whole time-she is a great soul-great friend and the love of my life. Her older sister and her father (my ex) are both meth addicts and i had put her in rehab a year before this wreck for meth use. she has had a issue with alcohol (long line of alcoholics also in the family), I will let you know what we find out-I took tomorrow off to see what options i can seek-thanks again for your encouragement and advice. you are one of the few people who i have received any support from outside my immediate family. God Bless you
jharris352
New Member
Cyndid18,
I know she is your daughter and a three year sentence seems to be forever, but she will be through it before you can even address a habeas corpus petition. You certainly do not need to pay anyone 30,000 dollars. Your appeal is already out of time, she can not file. She can file an ineffective assistance habeas, but I've done roughly 500 of those in my time and been successful on 4. And that's 4 more than most people you know or will ever meet. I'll take a quick look at the time computation statutes here in GA to see how long she can expect to be in. Send me her full name via PM, or to my email if you can't figure out PM GAHouseTrust@gmail.com
I know she is your daughter and a three year sentence seems to be forever, but she will be through it before you can even address a habeas corpus petition. You certainly do not need to pay anyone 30,000 dollars. Your appeal is already out of time, she can not file. She can file an ineffective assistance habeas, but I've done roughly 500 of those in my time and been successful on 4. And that's 4 more than most people you know or will ever meet. I'll take a quick look at the time computation statutes here in GA to see how long she can expect to be in. Send me her full name via PM, or to my email if you can't figure out PM GAHouseTrust@gmail.com
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