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Can a county find out if someone violated their informal probation in another county? California law.

Riverside, CA |

If someone got busted for a DUI and gets put on informal probation and then gets a misdemeanor in a different county for public intoxication, will any of the courts be able to find out about it?

Attorney Answers 3

Posted

It is possible for the court in another county to find out about any violation of informal probation on a sliding scale of the type of violation and its visibility. A new crime is especially visible because it is locatable through the state and federal criminal history databases, if searched by any member of law enforcement, e.g. P.O. or police. Whether anyone will find out is another story altogether. You may want to retain counsel, if you find yourself with a violation or being placed in a position of having to state whether you have obtained any new offenses.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

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Posted

Will the original court where informal probation was issued also find out?

Richard Franklin Taub

Richard Franklin Taub

Posted

If the person searching your criminal history is with probation or knows about your probation, the Probation Dept. will make out a violation and the originial court will issue a warrant. There is just no way to determine whether your history will be checked and the new offense reported, but I would be prepared just in case.

Richard Franklin Taub

Richard Franklin Taub

Posted

It does not necessarily mean that your case will end up badly either. Since you have informal probation in the first instance, your offenese could not be too serious. Public intoxication is not too serious. A skillful attorney could, possibly, make that violation go away. It is important to hire him or her immediately after finding out about the violation (or, as I said earlier, being placed in the choice of lying about it and it being found out or telling the truth), so that your counsel can be most effective.

Posted

Yes.

The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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Posted

Communication between the counties is not always great, but it is certainly possible. If you have an attorney on the DUI case, I suggest asking them their opinion. Good luck.

Jasen Nielsen

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Posted

I have not yet hired an attorney for my dui. I am just wondering if I will need one for the up coming court date for the public intoxication. I am afraid that my probation might come up and make the case more complicated.

Jasen Bodie Nielsen

Jasen Bodie Nielsen

Posted

The probation violation would come in the county where you are on probation for the DUI. It's unlikely to be discussed at the court appearance for the public intoxication. There are some counties in which a public intoxication charge can be reduced to an infraction disturbing the peace charge. Good luck.

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