The public defender said he should take the deal which was 90 days jail at half time minus 4 days served already. Plus he would do the dui program up in Sacramento again. I want him to fight it and stay in orange county where there is support from our family. Can an attorney take the case and get the sentence changed? Will they find out about the Arizona dui eventually?
Christmas just came early for your brother! Unless he wants to do substantially more jail time – like say, maybe a year, then he should count his lucky stars that the prosecutor did not find out about the Arizona DUI. The public defender was absolutely right in urging a resolution (especially with such favorable sentencing).
Further, why would you want to change the sentencing? There is a substantial difference in sentencing for a 2nd DUI and sentencing for a 3rd DUI. As you can guess, sentencing on a 3rd is much more severe than on a 2nd. I do not practice in California, so you would have to ask a criminal defense attorney that practices in that jurisdiction about the typical sentence. I can tell you from my experience handling many DUI cases in Colorado, a 2nd was 180 days in jail, and a 3rd was a year in jail.
In certain circumstances, a plea can be withdrawn. In this case, it would be incredibly foolish to pursue that.