Felony Probation and got a DUI, what happens?

Question

Felony Probation and got a DUI, what happens?

A year ago my brother was sentenced to 3 years probation for forging his gf's checks. We are talking thousands of dollars. It was mostly for alcohol. The judge put him on probation for 3 yrs with random drug & alcohol testing (which in a years time the court never did a random test). Well, about 3 wks ago my brother got a DUI. He got it for DUI, no ins, container, wrongfull u-turn. The breath test read a 2.8 alcohol level, here in NE legal limits are I think 0.8. He refused a blood test that night & had to b on suicide watch cause he kept mouthing off to cops in the jail. His gf bailed him out 24hrs later. He also got a ticket for fictisious plates on another car about 2 months b 4 and hasn't paid that ticket. He hasn't been paying all his probation fee's, etc drug testing monthly fee's, etc. He had court yesterday for his DUI, he asked 4 an attorney so they rescheduled his court for Sept 22. With his felony charge,DUI, probation, breaking probation, fictious plate ticket, then does it look as if he may serve jail or prison time. My brother has been in jail b for 4 bad checks. He hasn't been a good person. He needs to wake up and smell that rum doesn't go in the coffee. We live in Nebraska. Any 1 know where I may b able to find the laws for this. The family just wants to b prepared as to what may happen. I love my brother to death but we have all had enough and he is going to end up killing himself or others if he doesn't change. Any help or information or links would b greatly appreciated. Thank E1

Answer 1

Sound like your brother is going to due time homeboy. Maybe you and family should start praying for him daily. I can't stand people who drive and drive, it'sdigestst me, you hear me. NE, huh? Drinking that corn liqour, huh boy. I hope do some serious time, and tell him, dont drop the soap.

Answer 2

If you want to be prepared just expect him to go to prison for probation violation and that doesn't include the sentence he will get for everything else he's done.....the most you can do to look it up is go on your state's website and look up each violation by statute.  It'll have punishments/sentences in there as well and he can receive up to the maximum for each violation.

From the sounds of it it's the only thing that's going to sober him up, sorry you and your family have to suffer it.

Answer 3

The judge takes into account his criminal history when sentancing. Also what he's doing to help himself. If he seeks couseling and rehab, it's a longshot but the judge may go light. After all it is his 1st DUI. In all likelyhood, your brother is not learing his lessons. Your brother needs to make a concerted effort to start joing society instead of fight it. His criminal record is just plain stupid, Fake license plates and checks indicate he has no respect for the law. Mouthing off to the cops confirms that. I wouldn't be so worried as to what will happen to him in court. That might actually help him out. Be more worried about what he will do next. If you don't intervene in a meaningful way and get him to stop hating himself and society, he will end up dead or at least a complete wreck that spends his time in and out of police cars and jails.

Answer 4

Your brother is likely looking at being resentenced to jail time for his original charge, forgetting about the DUI.

Are you sure that charge was a felony?  In NY, three years of probation is what you get for a misdemeanor.  Felony probation lasts 5 years (though good defendants can get terminated early).  You need to know what charge he was actually convicted of.  In the criminal justice system, its normal to be charged with one crime and convicted of a lesser version of that crime, even that means going from felony to misdemeanor.

Basically, you've catalogued a list of failures that show your brother has not exploited the benefit of probationary supervision.  he might not face resentence to jail however.  If he can show that his troubles consistently stemmed from substance abuse (which you've ably suggested) then he might have a shot of alcohol treatment instead of jail.  He may not have had a record of alcoholism on probation, which is why you have to highlight their failure to test him.

Answer 5

Laws vary so much from state to state its hard to really tell you what the possible outcome will be.  But personally, I am pretty sure that he is headed for county jail for a good bit.  I doubt that its a state correctional issue (that is going to prison instead of jail), but hard to say.  You can go to THELAW.COM for free legal advice, so try there to get a good answer.  It does sound like your brother truly needs a checkup from the lifeup.