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Charged with domestic violence while on probation...Can he ask for alcohol treatment if he was drunk and doesnt remember?

Long Beach, CA |

My boyfriend violated his probation and asked the judge for alcohol/drug treatment but was sentenced to 3o days. Less than 60 days later he was arrested for domestic violence and doesnt remember what happened because he was drunk and blacked out. Im not pressing charges I want him to get help. Is this at all possible? Even his probation officer requested that he get treatment in his report. Or maybe a reduced sentence?

Attorney Answers 3


  1. It is very possible. However, if your boyfriend received 30 days for a probation violation, it sounds like he has a checkered criminal background, and he should not expect a particularly-light sentence. And, if he's still on probation, the new crime will also be a violation of his probation.


  2. The result from court for any violation of probation can be anywhere in between additional conditions to probation to a re-sentence up to the maximum.

    Your boyfriend needs a lawyer to try to get this situation straight with the State - just because probation recommends something, once the court is involved the recommendation of the prosecution will carry as much if not more weight with the court.

    John Yetter


  3. One question I have is what was he on probation for? This will be considered in deciding what his punishment should be. If he has an alcohol problem, he should get in a program now. Certainly this is one of the potential punishments...so is jail time. He should hire a good attorney ASAP.

    Sincerely,

    Ron Hedding
    Lead Attorney
    Hedding Law Firm
    (866) 986-2092
    La-CriminalDefense.com