What complications could I face if I violated my DUI probation by being drunk in public? - Criminal Law Questions and Answers- LawQA.com

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What complications could I face if I violated my DUI probation by being drunk in public?

I got my first DUI in CA in November 2009. I was now just arrested on 6/19/11 for being drunk in public. I was jailed overnight and was told that I would be there until I went before a judge on 6/21. However, I was released on 6/20. My release form says that I have received 2 charges. One for violation of probation and one for bring drunk in public. The public one says no charges filed and the release form says released - no complaint filed. What complications could I face if the violation of probation charge goes through?

Law Offices of Scott Tibbedeaux
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The complications will be determined by the probation terms and a charge of being drunk in public.

Answer Applies to: California
Replied: 7/12/2011

Answer By Terry Nelson
Nelson & Lawless
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Any probation violation has the potential for revocation of probation and re-sentencing to the originally pled terms of jail and fines imposed, which were suspended pending satisfactory completion of probation. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The DA can amend at any time he feels he can prove additional or different charges. Effective plea-bargaining, using whatever defenses you have, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, probation reimposed, reduction or other decent outcome through plea bargain. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help use whatever defenses there may be.

Answer Applies to: California
Replied: 6/27/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
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You are facing a probation violation for violating the terms of your DUI conviction. One of the terms of probation was "violate no law" and the judge can decide you violated a law by being arrested for drunk in public. Even if the DA does not file charges on the new case the judge could still find you in violation because the burden of proof on a probation violation is a lower standard.

Answer Applies to: California
Replied: 6/26/2011

Answer By Rosanne Faul
The Law Office of Rosanne Faul
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You may be facing the maximum jail time allowed by law. In California, on a first time misdemeanor DUI without an injury accident, you would face 6 months in the county jail.

Answer Applies to: California
Replied: 6/25/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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The max for a 1st DUI is 6 months in county jail. If you weren't given any time, then then entire 6 months was suspended pending successful completion of probation. Meaning, the Judge could give you anywhere between 0 and 6 months for being arrested and violating probation (being arrested is enough to violate probation, even if no new charges are filed).

Answer Applies to: California
Replied: 6/25/2011

Answer By Barry Melton
Law Office of Barry Melton
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From a theoretical point of view, your probation could be revoked and you could receive the balance of the maximum sentence for a DUI. However, if you have no other record than what you present here, I would doubt you'd get much (if any) jail time (a few more days perhaps, which likely could be served in a work program or other alternative to actual custody.) Odds are, depending on where you live, charges won't be filed (as few California counties have the resources to manage their misdemeanor caseloads all that closely these days.) If a petition to revoke probation is filed - and you have completed the First Offender Program in connection with your DUI the Court could add additional conditions to your probation including, but not limited to, requiring you to attend AA meetings (or something like AA meetings) for a period of time.

Answer Applies to: California
Replied: 6/24/2011

The Chastaine Law Office
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You can receive additional jail for a violation of probation even if there is no new conviction. Whether that will happen will depend on a lot of factors. What I would advise is that you take a hard look at your drinking. Your drinking is getting you in trouble. I call that a drinking problem.

Answer Applies to: California
Replied: 6/24/2011

Law Office of Maureen Furlong Baldwin
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If you are chargwd with a violation of probation on a misdemeanor, you could be jailed for that violation. It is a common term of all criminal probation to "obey all laws". Drunk in public is a minor violation, and I cannot tell from your factsbut it could be that no charges were filed on that case.

Answer Applies to: California
Replied: 6/24/2011

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