Your son is 38, old enough to stand before the judge by himself, and, face the music.
Can't you see that your enabling is only hurting him, not helping him. You have a 38 year old man who has the emotional IQ of a 16 year old, your enabling has stunted his emotional growth, his ability to grow into a productive member of society.
Do you baby your other children too? Do you try to solve all their problems for them? Do you feel the need to put their well being and happiness before your own....as you do with this son? If not, why?
I am not trying to be harsh, I am just trying to get you to think with your head not your heart. I know that you love him, however, if this keeps up you may being loving him to death. Let him learn, let him solve his own problems, let him grow up, for him, it is his divine right to be allowed to become a responsible adult.
What are you doing for you? Meetings? Reading Codependent No More? Therapy?
All said with a caring concern for you and your sons well being.