If your friend was released from the prison sentence within the last 3 years, and the state has put him on notice that he is a prison releasee reoffender and if he is convicted of Burglary with a Battery then he will be sentenced to life in prison with no parole. That doesn't men that your friend can work something out different with the state if both sides agree, but the judge has no discretion to give less on his/her own.
This sentencing structure is extremely severe but the only thing...
The answer depends on what type of court hearing it is. During the vast majority of court hearings you don't get to say anything at all to the judge. You will not be standing next to the defendant in the courtroom.
You should contact the Assistant State Attorney assigned to the case, and ask them what type of hearing is taking place and what you can expect to happen.
Yes you can be violated. The PO can drug test you at any time and they will. It's best to stay clean at all times while on probation. Most POs and judges are not going to believe that you though that you could smoke dope while on probation, so its not a violation because no one told you. Additionally most drugs do not say in your system 2 weeks so if you test positive, the PO will know you used while on probation.
Legally it will be considered your first DUI if you end up being convicted of DUI this time around. BUT, there is nothing stopping the Judge and prosecutor taking into account that you have had the prior charge, and offering you higher penalties than they otherwise would. You need to hire a lawyer ASAP, to help you with your case.
The Statute of limitations applies from the time the crime occurs til the time the charge is filed. Ask your lawyer if the Statute of Limitations applies to your case. Continuances by the defense have nothing to do with the statute of limitations.
Violating felony probation that soon after being placed on is extremely serious. Your husband needs an attorney ASAP to get to work on the DUI and the violation of probation. Many Felony VOP warrants are no bond, and if the judge doesn't change it then your husband would remain in jail at least until the VOP is resolved which could be a couple of months.. Feel free to contact me if you have any more questions.
If there is a case pending, you don't need to post anything about the facts of the case in a public forum. Your ex needs to hire a criminal defense attorney as soon as he can. Feel free to call my cell if you wold like to discuss the case further.
George C. Mangrum
The Mangrum Law Firm
You need to hire a lawyer for the probation case and the suspended licence case ASAP. This situation is pretty serious and you are looking a jail time for both of the charges. feel free to give me a call if you have more questions. 407-349-7474