Ya'll know that my oldest son, Joey, is in jail for DUI. He has been in jail for 10 months. He went to court friday and the judge told him, that he would be getting out of jail in March 2006. The bad news is that when my son gets out of jail, the judge banned him from the state of Georgia. He can't live anywhere in the state. His lawyer told me, that my son has had 13 DUI's in the last 8 years. Until this last DUI, he has been straight for 3 years. My son has never had an accident, he only hurts himself and me. He has spent 6 months in jail back 7 years ago, then he got out and did good for a few years and then he was caught ahain for DUI, he spent 9 months that time in jail. Then after a 2 years he was caught again, and went in front of the same judge and he told my son, if I ever see you in here again, I will throw the book at you. Well, he was the judge this past friday, and he was the one who told my son to get out of Georgia. I have heard of people getting kicked out of towns before, but no states. Can they do this to my son? His lawyer said yes, well when he gets out, he will sell his house and move to Flordia with his half brother and sister. This boy is also a drunk and does nothing to help his self. Can they do this to him? Please make your comments, thanks, Cat
I don't know catfish. It don't sound right but, hell. I ain't a lawyer. I have seen it done as an option where the judge says I'll let you out of the slammer provided you leave the state and never come back but I don't know how a judge can just order him to leave the state. maybe check with another lawyer.
ReplyDeleteI don't know catfish. It don't sound right but, hell. I ain't a lawyer. I have seen it done as an option where the judge says I'll let you out of the slammer provided you leave the state and never come back but I don't know how a judge can just order him to leave the state. maybe check with another lawyer.
ReplyDeleteThat sounds 100% deadass wrong to me. He served his sentence, and that is that. The judge can rightly give him the maximum permissible sentence if he appears before the judge again, But, as for banishing someone from a state, I believe that is pure baloney. I think your son needs a new lawyer.
ReplyDeletethere is no way that is even remotely constitutional. Time for a new lawyer. your current sumbitch sounds like a fithy commie liberal democrat.
ReplyDeleteThat really doesn't sound right. I have a cousin who did hard time in a state pen for running over two gals while he was drunk (they both died) and after he did his time, he got out and still lives in that same state...
ReplyDeleteIf the lawyer says he can do it, he probably can, though I think the Supreme Court should ban such a practice, the main reason being that the only purpose this serves is to throw your problems off on other states. If you decide an individual will likely commit a crime in the future (an assumption that is inherently unconstitutional) you shouldn't just be able to ship them away for somebody else to deal with.
ReplyDeleteLOL....hes had 13 dui's in 8 years but none in the last 3...so 13 in 5 years....think he has a bigger problem than the judge...and thats what you should be looking at
ReplyDeleteWhy punish Florida!!?
ReplyDeleteSuch an act would amount to stripping him of his state citizenship. No way.
ReplyDeleteCat, If this was my son, and he just spent the last year in jail for his 13th DUI - I'd pack his bags and ship him out of the state so fast that sweet taste of JD wouldn't even enter his thick head. The reason why, you ask??? Because if there is a number 14 in his future - his future will be sitting in a jail cell for a lot longer that 1 year! And if he were to hurt someone in one of his drunken rages ----- forget about ever seeing your son free again. Get him out of the state and pray he never drinks again.
ReplyDeleteCat....Sorry 'bout your boy, but you better not piss off that judge by tellin' him what he can and can't do. He didn't get to be a judge by being a dumb-ass, and I 'spect he knows the law bettern a bunch of blog readers. As much as I dislike the profession, lawyers know what judges can and can't do also. Listen to your boy's lawyer. Better yet, soon as you get the chance, kick your boy's ass for being such a dumb-ass and get him into re-hab. He needs help.....BAD!
ReplyDeleteI dunno, Cat. Seems to me that if the judge says he can do it, and the lawyer says so, too, then that's the way it is, and there's really no point fighting it, especially in light of the bigger, real problem.I know there's really nothing you can do about that, though-it has to come from your son. Unless you want to commit him, but I'm not even sure you can do that... I'm sorry to hear he's not doing anything to make himself better... My ex-husband is the same way (with far fewer DUIs, but that doesn't excuse not being willing to stop drinking - or drinking & driving). Good Luck with this...
ReplyDeleteI have to think that your son could travel through Georgia and be legal since that involves interstate commerce--controlled and protected by federal laws. Maybe he should change his name or go somewhere where they appreciate drivers who drink--like New Orleans! He could live in the 4th Ward for two years before anyone would know that he's there. Get a second opinion. Good luck.
ReplyDeleteNo lawyer worth his pay is going to give legal advice in a blog comment, but I cannot imagine that this is constitutional. I strongly suggest that you get a second opinion before your son makes plans to move.
ReplyDeleteI know he has problems and he will not get help. When he is in jail, been there 3 times for drinking, they help him with drinking problems, then the first thing he does when he gets out, is drink. He has to want help. Thanks for all of your views, Cat
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