Q: Hi, my brother has been in jail for DWI in Ca. He’s been in there for a few weeks and hasn’t seen a public attorney.
From what it sounds to me is they keep giving my brother the run around. my brother hasn’t been able to talk to his public attorney or hasn’t seen one. He set bail last week but haven’t released him, he just sitting there waiting to hear something from someone. Is this legal?
A:
more info is needed.
it would be very unusual for someone to be in custody that long for a simple first appearance DUI without accidents, priors, major injuries....etc
some info is not being relayed to us!
at his 1st appearance, the court would have appointed a public defender. Call that person or contact the head PD of that court for an appt.
1 user found this answer helpful
A: As Mr. Gribow writes, there is more to this than meets the eye, when bail was set (which should have happened in court) he would have been represented by a lawyer, either one he paid for or one appointed by the judge. That being written he won't be released until bail is paid or the judge changes the terms of release.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
