What happens if I violate juvenille probation but have turned 18? - Criminal Law Questions and Answers- LawQA.com

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What happens if I violate juvenille probation but have turned 18?

I got a DUI when I was 17 and was put on informal juvenile probation in the state of California. My conditions were to not drink or smoke obviously, but I was at my girlfriends house when we started bickering and I went outside and cops were there for a sound complaint, they gave me a drunk in public and took me to county jail for the night. My girlfriend who answered the door is 15 and there was a party going on and beer was clearly visible but the cops said we are going to act like we don't see this. How can they do that? Anyways, my court date is in a month and my final probation court date was just 7 days after that. What will I be looking at for violating juvenile probation? I was planning on going to Montana in June to work up there because I will be going to college there in the fall, will I not be able to?

Law Office of Peter F. Goldscheider
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You can be on juvenile probation until you are 21 so your probation can be violated after you turn 18.

Answer Applies to: California
Replied: 7/15/2011

Answer By Terry Nelson
Nelson & Lawless
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A probation violation is not age dependent. It is up to the judge what punishment to render, up to and including sentencing to the jail term that was described in your probation and sentencing report. If you don't know how to represent yourself effectively in court on this, then hire an attorney who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.

Answer Applies to: California
Replied: 4/6/2011

Answer By Gabriel Dorman
The Law Offices of Gabriel Dorman
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The fact that you are now legally an adult does not shield you from the consequences of violating your juvenile probation. As for what can happen to you for violating your juvenile probation, more information is required in order to fully evaluate the potential consequences. However, given the fact that you were placed on probation for an alcohol related offense (DUI) and now you have been cited for another alcohol related offense (drunk in public), the court may view you as not having learned anything about the dangers and consequences of underage drinking. As such, the best advice I can give you would be to immediately contact an experienced juvenile crimes defense lawyer to thoroughly discuss your situation. I hope this answer was helpful.

Answer Applies to: California
Replied: 4/5/2011

Robert Mortland
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The police could have treated you much worse. However, this is still very serious. The District Attorney could bring a probation violation case against you as well as charge you with a 647(f) drunk in public. These are all misdemeanor charges and you should not spend more than a couple of days in jail if you have a good defense attorney. You can still go to college but this might affect your financial aid. You should speak with an attorney as soon as you can.

Answer Applies to: California
Replied: 4/5/2011

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