My friend received a DUI that was later reduced to a misdemeanor wreckless driving charge. He was put on unsupervised probation that does not expire until Dec 2010. He received a DUI last weekend in another county. When he was taken to jail, the...
The terms of probation are that you should notify them of new charges. However if he is on nonreporting then I would advise him not to and only deal with it if the probation officer became aware and issued a warrant for his arrest. I say that because even though he is on nonreporting probation, the fact that he got a new arrest does violate his probation. If they become aware and issue a warrant the worst is that they could revoke the remaining time left and keep him in jail until it ends. The fact that he's on probation for a charge that started out as a DUI doesn't help either. They probably wouldn't revoke the entire time remaining but could require him to start reporting more often, take drug/alcohol screens more frequently, and possibly require him to take some type of class. It just depends on the County. However I would focus on the most recent charge first and seek a favorable outcome so if the probation issue ever came up, he may be in a better light.See question
Alright, I got arrested for all of those things, and my question is, is there a high possibility that I can get off with just a Probation Term and no jail time?
There is a possibility especially if this is your first DUI. The other charges are usually just fines.See question
It seems the prosecutor has demanded a trial by jury for my Minor DUI case. ( Im 20 years old and blew a .05 in the breathalizer). This seems excessive but I hope it doesn't dash my hopes of dismissing or amending my charge.
The choice of going to trial is up to you not the prosecutor. If you don't want to go to trial you can negotiate a plea offer and plead guilty to the case or seek some other type of resolution. In GA, is you are under 21, if you blow over a .02 you are charged with DUI. First of all the legal drinking age is 21, so that could be why you are charged withe it. As far as the outcome, I suggest you hire an attorney and let them fight for you.See question
There were four girl's sitting outside of a party near an open bottle of alcohol. Cops showed up because of a noise violation. The cop asked for IDs, as all girls were underage. Only 3 girls had their ID on them. The cop gave the girl who did...
It's unfair but unfortunately the officers have discretion on who they choose to cite. They don't have to arrest everybody and can pick and choose who they cite or arrest. Is it fair, no. Is there anything you can do about it, no. Now how that will effect the case down the line depends on the charges. However it happens everyday. Cops will see 10 cars speeding and only stop one. That's just how the cookie crumbles.See question
Ok so as stated, she didn't have enough paper work on what i was arrested for or being charged with or a change to talk to me (my lawyer) so she asked that a preliminary hearing be set? what is a preliminary hearing here in Colorado? everyone is t...
I practice in GA but I presume they are the same. A preliminary hearing is a right that a defendant has to make the state show cause to the Judge that there is probable cause in the case and therefore the case should continue to State Court if it's a misdemeanor or felony court if it's a felony. In GA, if the Officer's do not appear at the preliminary hearing then a motion to dismiss can be made at that time. Or if the evidence presented doesn't meet the elements of the crime then the case can be dismissed. However, this hearing is not a beyond a reasonable doubt hearing, that's at a trial. So if the officer appears, recounts the events, and what he says meets the elements of the charges that you are charged with the case will more than likely be bound over. Even if you present evidence on your side or witnesses that dispute what the officer says, the case will still be bound over to the next level because any disagreement in the facts presented are issues that are to be settled at a trial either by jury or bench trial where the judge would hear the case.See question
How can a person be charged with bailjumping in one state if their failure to appear was because they were incarcerated in another state?
It's because the state where the person failed to appear may not have known that the person was incarcerated else where. So when you miss a court date a warrant for failure to appear is issued. Once the person finally appears in the court that issued the warrant for failing to appear you can present your proof of incarceration from the other state and they should set aside the failure to appear warrant at that time. This happens because the systems aren't interlinked so unless they are notified by someone that the person is incarcerated, the court will most times be unaware.See question