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HOLLYWOOD (CBSMiami) – The Hollywood father charged with neglect for the death of his 3-year-old son is now facing new trouble.

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Nelson Osceola appeared in bond court Thursday for allegedly driving under the influence.

The 24-year-old, who was arrested in March on child neglect charges in connection with the death of his son, Ahziya Osceola, was free on bond but is back behind bars on drunk driving charges.

According to police, in March, Osceola’s son’s bruised body was found stuffed in trash bags, crammed in a box in the home he shared with his wife and other family members.

Osceola’s wife, the 3-year-old’s stepmother, Analiz Osceola Rodenzo is charged with aggravated manslaughter and remains in jail.

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Osceola’s lawyer, Hilliard Moldoff, says he’s still dealing with the emotional turmoil over the death of his son.

“Mr. Osceola is the father of a child who’s deceased and has been struggling with the reality that his son is dead. So to say that he was intoxicated doesn’t surprise me in the least and he was on the reservation which unfortunately, maybe, he feels more secure in,” Moldoff said.

But Osceola will most likely go free. Bond is set for just above $20,000.

“He doesn’t need a bond he’s not going anywhere. He’s invested in getting permission to have custody of his other child. I’m sure he’ll be out and be sober and be fine in a week he’ll get the message but this was just probably a wakeup call for Nelson.”

Osceola could post bond as soon as Thursday and be released from jail.

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Meanwhile, prosecutors have upgraded his previous charges to child neglect with bodily harm. Osceola is expected to go to court on that charge in July.