No call from probation ?: I got a dui back in March. I had court on May 7 and got probation for a year. I was told by state probation to report to a 3rd party probation cause i didn’t require a state probation officer. I was told to call them may 27 for reporting instructions and was told to report to Nancy who i left. A message for i got a call back two weeks later from Nancy and was told since we went to high school together so they Need to reassign me and they will reach out to me by phone or mail, this was June 28. I still haven’t heard anything and it’s july 11 so i call again or Am i supposed to still wait.
John’s answer: You should definitely call. I would also start a log to document all attempts to reach probation. Note the date/time of each call. If you reach a live person, note their name. If you left a voicemail, note that as well. This way, if you are in front of a judge for not complying with probation, you have something concrete to show them.
Plea Bargains - Pleading to lesser charge:
I have a question about plea bargains in the justice system. I often read that plea bargains are such that the defendant can plead guilty to a "lesser" crime in exchange for an easier sentence.
This doesn't make sense to me. If this person was guilty of a another crime, why are they pleading guilty to a "lesser" crime that doesn't have anything to do with what they actually do?
If the defendant goes to trial, are they on trial for this "lesser" crime or the original crime?
John’s answer: What you are describing is often referred to as a "legal fiction" where someone enters a guilty plea to a crime they didn't commit to avoid the charges that they may have committed. Other times, they are lesser related charges. For instance, someone who is charged with driving under the influence may enter a guilty plea to driving while ability impaired, a lesser related alcohol charge. It is more efficient for the legal system to resolve cases by plea bargain. If ever defendant insisted on a trial, the system would literally break down as there aren't enough courtrooms, judges, prosecutors, and maybe jurors.
Can I be charged for DUI refusal if I was unconscious?:
I was involved in a motorcycle accident and received a head injury (acute subdural hematoma) and a broken shoulder. When I awoke the next day in the ICU I had a ticket for a DUI/Refusal and also there is a 'Refusal' noted where I was to sign the ticket. I was not arrested. Also on the ticket it states ''satisfactorily completed as compared to a sober person - yes'.
I was not drinking but I am very confused as to why there is a DUI charge, a refusal charge (especially since I was unconscious), and then a statement that I completed as a sober person. (Completed what - I do not know.)
The hospital definitely has my blood so I can tell them to use that to prove my innocence but do I need a lawyer for this or is this just something that should be dismissed as it seems to be issued in error.
John’s answer:
It appears, through no fault of your own, you've fallen into a serious situation. I wish I could tell you that you will be able to handle this on your own but there are complicated legal issues in both criminal and administrative law in play. You are going to need help.
I would recommend you contact Matthew Martin in Pueblo for assistance. You can find his profile here on Avvo.