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Old 02-09-10 | 07:31 AM
  #25  
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Kurt Erlenbach
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Joined: Jul 2007
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From: Space Coast, Florida
Quite a turn of events. Carlos could get out of jail again (the charges are all bondable offenses), but I expect the bond would be much higher and with restrictions, like moniotring. I'd say it's about 50-50 whether he gets released again after another bond hearing, if he has a lawyer who does his homework.

The charges are all as I expected they would be, and conviction will result in a sentence somewhere within a range of about 12 1/2 years to 61 years. He is charged with both DUI manslaughter and vehicular homicide, but he can be convicted of only one because one death can result in only one homicide conviction. Each of those offenses are 1st degree felonies punishable by up to thirty years. The leaving the scene of a death is also a 1st degree felony, and the resisting arrest charge is a 1st degree misdemeanor punishable by up to a year.

There will be discovery and pretrial motions that will take six months to a year, and the case should go to trial in about 12 months. The key to the case will be any plea ofers from the state. The only way Carlos can get less than 12 1/2 years is if the state agrees to a lesser sentence. If the state wants a lower sentence, the judge will almost certainly go along with it. If he goes to trial and loses, my guess is a sentence around 30 years.
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