Mobile, AL asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama

Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest. He spent a month in jail until April of 2023. He was put on probation, I don’t know anything about the probation. He was just arrested again in Oklahoma November 25th 2023 for a felony DUI. What could his possible outcome be as far as jail? He is still currently in jail as far as December 2nd. I ask this because we are in a custody battle and would like to know what that possibly outcome will be. I live in mobile, al which is where I have always lived and our son has always lived with me while his dad has always been moved around.

1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is likely that he will face significant jail time.

His multiple arrests for drug possession and DUI suggest a pattern of substance abuse and reckless behavior. The flight to avoid charge is also a serious offense, and his probation violation will not help his case. The fact that he was arrested again just a few months after being released from jail indicates that he has not learned from his past mistakes and is a danger to himself and others.

Given these factors, it is possible that your ex could be sentenced to several years in prison. However, it is also possible that he could receive a lesser sentence, such as probation or a combination of probation and jail time. The outcome will ultimately depend on the judge who presides over his case.

As for the custody battle, your ex's legal troubles could have a significant impact on his ability to parent your child. The court will consider his criminal history, his stability, and his ability to provide a safe and nurturing environment for your son. If your ex is incarcerated, he will be unable to care for your child. Even if he is not incarcerated, his legal problems could raise concerns about his ability to be a responsible and reliable parent.

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