Can an Attorney acting as Judge sentence my son...?

sure can, and sure will.

Your son needs an attorney. No ifs ands or buts. Find a way to pay for one or get him a PD but he needs to be represented.

Your son is facing a criminal prosecution without an attorney? Who thought that would be a good idea? Go ahead and find out when visiting hours are at the prison he will be sent to. That is where he will be.

Almost all judges are also attorneys. Yes, a judge has the right to sentence a convicted defendant.

You write "Even if my son had an attorney, this guy has the upper hand." Yes, but with an attorney, your son would be represented by someone who knows the law and the rules. This requires that the prosecutor and the judge follow the law and the rules, or be held accountable when the case is appealed.

It sounds like your son had an opportunity to avoid prison and then "screwed up". I regret that he used bad judgment. Jails are filled with persons who used bad judgment.

Visit him. Help him overcome the behaviors that put him in this bad circumstance.

I am assuming you mean, he is the acting judge? If he is the acting judge, yes, he can sentence you. They are usually attorneys that fill in for judges that are out sick or something. But they are fully capeable of sentencing your son.

I see you are Mom here. I too am a mother and would be very upset if my child was arrested for DUI. And even though my first instinct is to protect them, this is a serious lesson they MUST learn or they could possibly end up dead. But you know that.

Ok, legally here we go. Remember, you always have appeals. Or, this is even better, check into your states expungement programs. They are different names for different states. And if this is his first offense or run in with the law, most states have programs they can enter, pay their fines, usually do their community service and when they complete the program, their record is expunged. That way, it will not go on their criminal record. Since this is a criminal issue, contact your local criminal clerk of court and maybe they can give you information or point you in the right direction for this program.

So, dress him up, get his hair cut and remind him of manners. You know, all the things Moms do. Tell him to be sorry he did this and dont forget yes sir, no sir. Be humble. Maybe this will be the first and last time your son gets a DUI. We wanna stop this right now, if you know what I mean. If he wants to drink, then dont drive. You sound like a good, caring Mom, you will know what to say. Good luck.

Your son needs to learn to not do the crime if he doesn't want to do the time. Your son was a danger to all other drivers which is about the same as shooting off a gun in random directions. The judge can and should do as he sees fit to stop illegal and dangerous behavior.

I'd make some nasty remarks about your drunken son too. Yes he can sentence him, and the person above is correct - your son needs a lawyer.