I am currently on probation for a felony but a couple days ago I got arrested and I was given a dui I have court in a month what's most likely going to happen what should I do?
One of the conditions of probation is that you must "obey all laws." If the judge who is overseeing your felony probation matter is made aware of your new DUI arrest, then he can preliminarily find you in violation, and detain you without bail pending a hearing. Whether this happens or not is anyone's guess. It is best to speak to your lawyer on your felony matter to get a good idea of the customs and practices where your case is located.
Also, most probationers are ordered to report any new arrest to the court and/or their probation officer. If this is the case, and you fail to report the new arrest, that could also cause problems.
So, I would start with your lawyer on the felony and follow that advice.See question
My public defender encouraged me to plead guilty to a felony drug charge. By stating that I had no other options available. He wouldnt even allow me to explain my situation to the judge. Nor would he ask the judge to reinstate pc1000. He told me t...
Maybe you should state all the facts before you blame your lawyer. It appears you were on DEJ (deferred entry of judgment) for the charge. DEJ is easy to complete. All you need is to pay the modest fee, complete a short and simple program, stay out of trouble, and come back to court when ordered. If you don't do those things, but still come back to court when ordered, judges will give you a few chances to get it right. That is, unless you've gotten in trouble again.
So, before blaming your lawyer, tell us what you did to violate DEJ. And remember, it is the judge who terminated DEJ and put you on Prop. 36. The good thing is you have the power now to finish Prop. 36, and then get the case dismissed. If that happens, you won't have the "felony drug conviction" anymore.
Reading between the lines, it appears you picked up a new drug case while on DEJ. If true, the resolution seems appropriate.
what are the chances of a possession of marijuana for sale charge being thrown out, when there is an illegal search?
That depends on the facts, of course. But to answer your question simply and briefly, if the search is illegal (i.e. in violation of the 4th Amendment to the U.S. Constitution), and the search resulted in the discovery and seizure of the marijuana, the evidence cannot be used against you and the case will be dismissed. However, there are many exceptions to this broad rule, and you have to establish a privacy interest in the area searched to make the claim of an illegal search and seizure. Also, if you are on probation or parole, with search conditions, your claim of an illegal search could fail too.
But the question is too broad to answer with no facts.See question
If arrested in another state for a second offense DUI within my CA (court, unsupervised) Probation, do I need to notify CA and am I in violation?
If you drive a car in violation of your court probation, either in California or outside the state, then you technically in violation. You should look at your probation terms and conditions to see if there is a requirement that you "self report" this arrest. I doubt there is such a requirement. However, under the interstate driving compact, a conviction of DUI in another state will go to the California DMV. Whether the Court finds out is another story. Good luck and be safe.See question
I am looking for someone regarding a dui who would accept payments hence on a payment schedule set up after the case is done or on a payment plan that is fairly reasonable. Basically someone who does not a payment first before being hired.
If the cost is so important to you, I would suggest using a lawyer with the Public Defender's Office. They are highly skilled, handle DUIs all day and every day, and will fight for you.See question
I was pulled over in September 2013 on 134 around Burbank and received a ticket for DUI. My court date was in November, but when my lawyer went there, court clerk said that no charges were pressed against me. My driving privileges were suspended ...
It means you need to appear in Court in April. I've had several cases where the appearance date on the citation comes and goes without charges. Since your license was suspended by the DMV, I must assume your blood alcohol was .08% or higher. However, you may have other defenses. Talk to your lawyer.See question
If I get fingerprinted and get released with no charge, do they keep the fingerprints on database? - surely they would be mixing innocent members up with guilty? - If not can I get it deleted?
They have a right to keep your fingerprints, but that does not necessarily mean anything. If it is a felony arrest, the fingerprints are likely entered into a database. That database can be used by law enforcement to find suspects to other crimes. But the presence of fingerprints in your case does not mean that you have a record. It just means they have your fingerprints.
Keep in mind the authorities have lots of people's fingerprints. They have mine, since I have been fingerprinted for a variety of licenses. I wouldn't worry about it.See question
If my misdameanors probation has been discharged but I have not yet expunged my case, can I answer no since the job application says do not include " misdemeanor conviction for which probation has been successfully completed or otherwise discharge...
If the quote from the employment application is accurate, then I think you need to answer "yes." While your probation is completed, you did not get the case judicially dismissed. The language in the application has the word "and" which I believe means your probation must be completed AND the case dismissed pursuant to Penal Code Section 1203.4.
Your are entitled to a dismissal under 1203.4. Go to the courthouse, pay the fee, and fill out the form. That's the quickest and cheapest way to get it done.
Police arrived about 5 mins after the accident and had me take breathalyzer and sobriety test. I failed both. I already spent 11 hours in jail that night. What are my possible punishments?
It depends on what you mean by "fail." If your BAC % is significantly over .08%, then you are facing, in all likelihood, a standard 1st offense DUI. That punishment will result in a fine of about $1800 to the Court, installation of an ignition interlock device on your car for 6 months, a suspended license for at least 30 days (from the DMV), and a few other assorted things (DMV fees, increased auto insurance cost). It's best to "lawyer up" right away if you can.See question
I dont plan on ever paying them thinking about moving out of state can i get license different state.
No. Your CA suspended license will follow you to your new state.See question