So, my Dh is in jail. He had a DUI 4 years ago and was still on probation. He quit his job and they refused to pay him, so he call the labor board to force them to pay the money that was owed. So they called the cops and said that he stole his work equipment. The cops came and searched the house and didn't find anything. So his probation was revoked and a week later the charges were dropped.
He has been in jail since October. In December I gave birth to our LO. So I have essentially been a single mom and it sucks. I work full time at a job I hate and take care of baby. I know it could be way worse but it is really hard to do it alone with no help or support.
So to the advice part.... Should I pay $1300 to "SWAP" DH out. It would mean that he could be let out, but have to go to work at the jail (for free) 4 days a week. If he gets a job then he would only have to go on weekends. I would do it in a minute, but I really can't afford it. My job pays shit. I am seeking a different/better job and then I could afford it. But until then I am poor. And my current gig is in education so I will be out of work around the end of May. I could really use the help though. It is hard to be up all night with a baby (damn growth spurts) and then work all day. LO is a great baby so I shouldn't complain, but I'm fucking miserable.
Quit his job while his wife was pregnant? And I'm guessing there's more to the story than just an accusation of theft resulting in a year of incarceration. DTMFA
What are the chances that he can get a job if he gets out? How much longer does he have to stay in jail to serve out his time? If he gets out in like a month I don't think it's worth the $1300, but if it's numerous months, I would probably try to find the money to get him out. It seems weird that he got 4+ years of probation for a DUI charge, that seems excessive, at least in this area.
ETA. Or better yet, have him transfered to a minimum security jail and the 3 of you can live in those communal (?) trailers! Paid by the State! Bonus! Everybody wins!
He quit his job because his job was 100% travel. He would only be home one weekend a month and he wanted to see his child more than that. He had asked them if he could be home more and they had told him no. So he had found another job. He called the labor board because they were refusing to pay him for the last two weeks he had worked. They revoked his probation because he was arrested for a crime and a standard condition of probation is to not get into trouble. So he is in jail for violating his probation. Ans because it was for a DUI he won't be let out early. Our county is very strict with DUI's
What the what? Not one bit of your story makes sense. If the charges were dropped, his probation would not have been revoked. If they didn't find anything, they would not have continued with the charges. And if they did press charges, there would have to have been a hearing, trial, etc.
His probation was revoked a week before he went to court and the DA withdrew the charged of theft.
Did he plead down to a lesser charge? Did the DA forget to tell the jail that the charges were dropped?
Because according to your argument, if I falsely accused someone on probation of a crime, s/he could get thrown in jail for a year, even after the charges were dropped, and that's how the legal system works? I'm pretty sure you're missing some info.
He's in jail basically for one year for a DUI? Something's not adding up.
I've never heard of this program where you can buy your way out of jail by working at the jail. But if that's the case, bail him out if you have the money and if you don't, well you don't.
I did some googling and it says that its up to the defendants lawyer to prove that the dropped charges incident did NOT warrant revocation of probation. But I'm guessing he doesn't have a lawyer or else this wouldn't be an issue.
Um, you're making it sound like he got 5 years' probation for a first time DUI. And then almost a year of jail time.
This is either MUD, you're not telling the whole story, or he hired the.worst.lawyer in the history of lawyers.
I think it was more than "just" a DUI - someone was injured or killed.
I'm also voting for leave him there. At this point he's lost his new job, he has no earning potential, he's halfway through his jail sentence and you'll be out of work in 2 months - you're going to need the $1300 for you and the baby to live on.
Ok. He was on probation for a DUI. He had one year left of probation. He violated his probation (with the other charges) so they terminated it. So he will serve out the rest of the time in jail. His probation was revoked a week before he went to court for the theft charges. Two different judges heard each case. So a different judge revoked his probation than was there when the DA withdrew the charges. It wasn't even the same lawyers representing him. For the DUI he has a lawyer that deals with DUI's and then he had to get a criminal lawyer for the theft charges. I have spoken with the criminal lawyer and he said because his controlling case is a DUI he would need a DUI lawyer. I have spoken to the DUI lawyers secretary about a sentence modification because the charges were dropped and the lawyer wants to talk to DH. But when DH calls they don't accept the call and the lawyer won't go to the jail to see him. This went on for months, and now its too late for a sentence modification.
"Why would you ruin perfectly good peanuts by adding candy corn? That's like saying hey, I have these awesome nachos, guess I better add some dryer lint." - Nonny
Ok. He was on probation for a DUI. He had one year left of probation. He violated his probation (with the other charges) so they terminated it. So he will serve out the rest of the time in jail. His probation was revoked a week before he went to court for the theft charges. Two different judges heard each case. So a different judge revoked his probation than was there when the DA withdrew the charges. It wasn't even the same lawyers representing him. For the DUI he has a lawyer that deals with DUI's and then he had to get a criminal lawyer for the theft charges. I have spoken with the criminal lawyer and he said because his controlling case is a DUI he would need a DUI lawyer. I have spoken to the DUI lawyers secretary about a sentence modification because the charges were dropped and the lawyer wants to talk to DH. But when DH calls they don't accept the call and the lawyer won't go to the jail to see him. This went on for months, and now its too late for a sentence modification.
Huh. Why wouldn't he go to a public defender to take over his case? You sound pretty poor. Any criminal lawyer or PD could handle a DUI case. And why wouldn't the DUI lawyer take his call or see him? Are you sure he's still his lawyer? Any why wait months just waiting for the DUI lawyer to help out?
You know what would be neat? If there was a service that loaned people money to get out of jail. I'm kind of surprised nobody's thought of that before.
Are you being facetious? It's hard to tell. But if you're talking about a bail bondsman, that doesn't apply if he's in jail serving a sentence.
I've just never heard of people going to jail for a year for DUI.
I had employee who went to jail for 8 days after she had 2 DUIs (one while she was under 21) and two other arrests for theft and hindering apprehension.