I have a brother recently incarcerated for driving under suspension, also drinking in the vehicle in his driveway and also having an open container. He was sentenced to 180 days, he is under a drs. care and not in real good health diabetes (2) etc. This occurred in Cincinnati, Ohio. With these types of charges is the person ever released early? He had a public defender. Thank You so much for your time.
1 Answer from Attorneys
These crimes are misdemeanors of the first degree where each can be penalized up to 180 days, but I have never seen someone do all the time. Usually most of the days get suspended. I am guessing that this is not the first time ( or maybe even the second time) your brother has been convicted of DUS and/or under control while intoxicated.
To answer question, the court will not release him of its own volition. You should hire a private attorney who can file for what is known as judicial release. However, if I am right about your brother's criminal background it will not be possible for judicial release because your brother is a multiple offender. Get an attorney who has experience in that particular municipal court. Perhaps he can think of another way.
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