California Criminal Question

Asked over 2 years ago - Los Angeles, CA

If a defendant has a conviction for DUI charge some 8 years ago, and part of the probation terms were not completed, namely the AA classes and awareness classes, however, the simple fact was: the defendant forgot, and went on with his life. The picked up some recently, and remanded into custody, the judge sentenced the defendant to 180 days however let bail stand until the parole violation hearing. Is there anything that can be argued in terms of pushing for a more suitable punishment.

Attorney answers (3)

  1. Brian Russell Michaels

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . Forgetting is about the worst possible legal defense one can imagine. I forgot is probably what got the person the 180 but suspect that there is alot more going on with this person than missing some AA meetings. 180 days is not the kind of time typically given out for a simple violation of probation on a first time DUI.

    There is always a better argument out there. But arguments are fact driven. You and your friend should consult an attorney if you have the means to hire one. 180 days is alot.

    Brian Michaels
    www.socalcrimdefense.com

  2. Chris J Feasel

    Contributor Level 17

    8

    Lawyers agree

    Answered . Well for a first time DUI 180 days seems harsh. But you say you had a parole violation, so it would appear you went to prison for something. I don't know the facts of your case, or your record, so I can't say one way or the other. If the defendant has already been sentenced to 180 days, it's kind of too late to do anything about it.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated... more
  3. Philip Daniel Hache

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . You stated parole violation hearing. Is the person in question on parole, or on probation (for the 1st offense DUI)? They are two different things. I would need to know more about the situation to better assess it. But, if the judge officially sentenced the person in question already, then the time to make arguments on that has likely come and gone. If the judge just gave an indicated sentence, then arguments/persuading the Judge on that issue can still happen.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more

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