Seeking legal advice!

[SaDiZTiKStyLeZ]

I need some real advice right here, I made this one here just for you trolls ---> http://forums.anandtech.com/showthread.php?t=2240835

Ok, so. Last summer I was going through very fucked up time of visiting the psych ward, being kicked out the house, going to jail, then ending up homeless for a few months.

The jail part is what I'm focusing on here.

Well, caught up on DUI. Went to jail.
When I was being booked, the C/O that booked me asked if I was being bailed out, I said no, she replied I'd be in court the following morning.
That following morning came & went.
I sat in jail for 3 weeks, never went to court.
I saw the same C/O that booked me & asked her about it. She pretty much scoffed at me saying she never told me that, they aren't supposed to tell me that. Flat-out denying she said anything.
I wrote jail records twice & never got a response.
I was a trustee so I stayed working all the time. I got in good with the supervisors who worked the kitchen.
Finally! One of them decided to look into my case for me. A few hours I was called on, then told to pack up my shit & was released.
When I was being released I was asking questions about what was going on & they wouldn't tell me anything.
I tried contacting public defenders & traffic court for a few weeks & they just told me I wasn't even in the system. Not to worry about it.
So, after some time, I got my shit back together, kind of & stopped worrying about it. That was last August.

Everyone I spoke to said that I could sue the jail because of being left in jail for 3 weeks, forgotten about & not going to court.
At the same time, since I wasn't showing up in the system, not showing up on my record, was a fair trade for what happened. So I wasn't going to try pressing charges.


NOW, I guess mail is being sent to my house about all that shit, having to appear in court, such & such bullshit.

So, those of you legal savvy, how should I deal with this?
I'm able to bring to the table those 3 weeks of being left in jail in trade to get charges dropped?
I'm not sure I can rely on the public defenders to properly represent me when it comes to what their employer - the jail, is liable for.
Now unless a lawyer is open to an I-owe-you for suing them over time spent in jail, I'm not sure I can afford one.

Oh, and fuck Indiana. Yea!

 

[sixone]

I can't answer your question, but these folks probably can.

 

[Phoenix86]

Short answer: get in contact with a public/pro-bono defender.

Longer answer: even if what you said about the 3 weeks is correct that doesn't really clear the book for the DUI. First thing, you said you weren't in the system, can you prove you actually spent 3 weeks after being booked in? Next, assuming you can prove that you have a little bargaining chip it might not buy much maybe just a reduction in fines for the time served. Maybe it's a bigger chip than that but don't count on it. Finally, whoever you get defending you, stay in constant contact with them (ever couple days).

 

[Wreckem]

You need to hire an attorney because you are still facing DUI charges.

Technically they should have released you after 2-3 days if they weren't going to arraign you immediately. That doesn't mean your charges disappear if they didn't.

 

[wkabel23]

The DUI charge didn't just disappear and your imprisonment really doesn't provide you with much leverage. Not familiar with Indiana DUI law, but in many states conviction for 1st offense DUI can bring jail time. Also note that the penalties may differ based upon your BAC. Generally we're talking about a 30 day minimum sentence and up to a year depending on the facts.

Depending on the facts of your case you may wish to contest the DUI, which is absolutely your right. The state must prove the DUI beyond a reasonable doubt. Obviously the facts of your case and the caliber of your legal representation will affect your chances of acquittal.

Consider talking with the Public Defender and seeking a plea deal with the prosecutor. Your jail time will come in handy when it comes to sentencing. Depending on the facts, you could walk away with credit for time served (CTS), a fine, and a license suspension. You may still have to serve some time, but your unfortunate stay in jail won't be ignored in sentencing.

Sorry to couch everything in "depending on the facts," but it really is a fact sensitive issue and you should consult a lawyer in your area.

Good luck suing the jail.

 

[skull]

This is par for the course when you go to jail. Last time I went I had already been to court on the charge twice. The judge had already given me an own recognizance bond. I went to court the third time they told me I needed to be processed and released since I never went to jail(4 hours they told me). Next thing I know there taking me to the top floor where the killers and rapists are because there was no room anywhere else. I kept calling the guards saying i'm not supposed to be here I have a bond they kept saying yeah right whatever. Oh well my cellie was cool he had a sack we spent the weekend smoking joints rolled in toilet paper.

 

[Doppel]

Somebody has to say it, somebody has to be the ashole. You know it's coming, and I guess it's coming from me tonight:

lol.

DUI and 3 weeks in jail. Tough sh*t. I bet that three weeks without a drink really sucked but maybe it gave you perspective; this is a gift-horse, a silver-lining. You should be glad they forgot about you for three weeks because maybe you won't do it again.