Q: Attorney Tully, I saw that the mother of the victim who was killed in a DUI fatality asked the Judge to give the driver probation. But the Defendant still went to prison. Why?

A: Because of the mandatory sentencing statutes. If the law requires the Judge to sentence someone to prison for a conviction of a crime the Judge’s hands are tied. The only real way to get around that is if the District Attorney’s office decides not to enforce the mandatory sentencing aspects of the crime. Your lawyer’s job is to convince the prosecutor not to seek the mandatory jail term. Bernie