QUESTION
Sibling has DUI bench trial set can I write a letter to the judge to incarcerate him?
Asked on Aug 01st, 2013 on DUI/DWI - Michigan
More details to this question:
My sibling, who happens to be an attorney, has had a lifelong gambling problem and now this person has been abusing marijuana and Rx drugs. My sibling was arrested for DUI a few years ago and has been delaying the trial with motions and extensions. This person is verbally, physically and emotionally abusive to his/her 2 young children and is always able to convince judges to dismiss cases and others to be lenient or help bail out with $$ and therefore has never suffered any consequences. Now there is also a firearm lying around, unlocked in the house. I want to write the judge, and give this background info because I think the only way my sibling will get better is to receive punishment and hit "rock bottom." I'm afraid of the repercussions though if it is known that I sent a letter to the judge regarding this. Any suggestions are greatly appreciated, thanks.
6 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. The judge will decide the case based on the evidence at trial. You can contact the prosecutor and offer to testify if there is a sentencing hearing after a conviction.
Answered on Aug 12th, 2013 at 5:52 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Any letter that you send the Judge will be part of the public record and filed in your sibling's court file. I highly doubt that your sibling is getting preferential treatment from the court or the prosecution, regardless of whether they are lawyer or not. The cases that have probably been dismissed for legal reasons, problems with proving the case either bad police work, bad witnesses or bad forensic evidence/witnesses. If you are afraid to confront your sibling about their drug/alcohol problem and/or abusive behavior you might consider Al-anon, they can help you figure out how to help your sibling without taking them away from their family and/or creating a problem for your future relationship with your sibling.
Answered on Aug 09th, 2013 at 10:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you talk to some of your local counselors and Al-Anon or other such or groups for people who have to deal with the effects of others alcohol or drug addictions. Certainly you do not wish to enable your sibling, and I suspect you want to as many of your family and friends into the picture is worth proper behavior and for the intervention.
Answered on Aug 09th, 2013 at 10:40 PM
Geoffrey MacLaren Yaryan
The simple answer is no you cannot write to the judge about a pending case. If you did the letter would be turned over likely to both the prosecution and the defense. You can contact the DA's office, and talk with the prosecuting attorney, although if you did do that the information will be copied to the defense. If you have information that he is violating a firearm statute you can turn that information over to the police.
Answered on Aug 09th, 2013 at 10:40 PM
James Edward Smith
Not a good idea.
Answered on Aug 09th, 2013 at 10:40 PM
Michael J. Breczinski
Anything that you send to the judge will be given to both the prosecution and the defense. He will know.
Answered on Aug 09th, 2013 at 10:40 PM