Posted on May 8, 2020 in DUI Case
The outcome of some DUI cases is the defendant must serve some jail time. Typically, the defendant is not ordered to serve their jail time immediately by the judge and a date is scheduled for them to serve their jail time. Most will allow you to schedule a date and time that works for you, obviously within reason. Right now, with the COVID-19 pandemic and thegovernment’s effort to slow the spread, some reports are saying that law enforcement are trying to reduce the number of people in jails and making an effort to slow the intake of inmates. We have received this panicked call from a few of our clients, prior to COVID-19, they had scheduled a date and time to serve their jail sentence. But when they went to goto the jail to self-surrender and serve their jail time, the jail would not let them in due to COVID-19. A great number of jails are not allowing people who are self-surrendering for DUI convictions and other criminal convictions into the jail because of COVID-19. What does this mean for their jail sentence? What should you do if you find yourself in thissituation?
The first thing you should do is call your attorney and let them know the situation you are in. If you do not have an attorney, it would be in your best interests to contact one immediately. An attorney has the knowledge on what to do in these situations to curb the potential of serious consequences for you. An attorney can file a motion for a new confinementorder for the jail sentence to be served, at a later date, because the jail would not let you inside. When you are at the jail get the name of the person that you spoke to who would not let you enter or take a picture of the sign that said they would not be accepting anyone.
The worst thing you can do is go home and think you are off the hook. If you do not seek a new confinement order, the court will set a court date for an Order to Show Cause (OSC). At the OSC, you will need to show cause why you should not be held in contempt of court for failing to complete the jail sentence. You may also be required to go to court for aprobation revocation hearing if you were on probation and a term of probation was to complete the jail sentence.
Rosenstein Law Group is still open and ready to serve you. We are fully operational and accepting new clients during COVID-19. We are committed to continue providing the absolute best possible criminal defense to members of our community during these difficult times. Our physical offices are still open for business and we are accepting new clients. Consultations safely via phone or one of the many video conferencing platforms out there are now available. In addition to in-person office appointments that may be scheduled Monday through Friday from 8:30 am to 5:00 pm. We want to assureyou that our firm has been and continues to work diligently to ensure the safety of our employees and surrounding communities while also striving to provide the best client care. Our skilled attorneys have decades of experience defending DUI cases and will be able to assist you on how to proceed. We can be reached 24 hours a day, 7 days a week. You cancontact us online or by calling 480-248-7666 to get our local criminal attorneys started working on your case immediately without risk.