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Criminal question (failure to appear)

Los Angeles, CA |

Ok, I had a dui conviction some 8 years ago, part of my probation was to attend AA classes as well as someother classes. I did not do it, as the years went by I completely forgot about the terms of my probation. I was recently picked up on failure to fulfill the terms of my probation, and had a hearing in which the judge said ok: 1. Strike any possibility of doing the classes and I will remand you into custody for 180 days; 2. Have another hearing to look at what she was suggesting in options 1. I went with Option 2, I have since enrolled in classes, what can I say at the hearing so they don't remand me into custody.

Attorney Answers 3

  1. One of the things the judge is going to want to know if why you didn't comply with the terms of your probation before and why she should let you have a second chance. If the reason you didn't comply with the original terms was that you didn't feel like it - that's not going to go well before the court. On the other hand, if you didn't go to AA because you hadn't come to terms with your problems with alcohol that's a totally different reason. If you have been doing well in the last 8 years, ie. no criminal convictions, working/going to school, etc... It would be important to point those things out to the Judge as evidence that you have your life on track.

    It would probably be in your best interests to consult with a local attorney who could give you more specific advice and provide you with some suggestions of other things you could do in the LA area.

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  2. I agree wholeheartedly with Attorney Daly's answer. You need to WANT to do AA now, & not just to stay out of jail.
    Be Honest & succinct at the hearing, and express your desire to be given a second chance. If there was a lot of chaos in your life before that distracted you from your legal responsibilities, explain that. Letters will help corroborate this.
    A true desire to stop drinking, or better yet if you have stopped, will go a long way.
    The court doesn't want to see you back again. Give them good reasons, and a sense of security, to trust you now.

    Always a good idea to consult with a local attorney, too, to learn any nuances of that particular Judge & DA.


  3. How about that you are enrolled in the program.
    Post is a bt confusing but it seems court was going to put you in jail for 180 days and delete the program, which does not help with the license. Or you were going to enroll and you have a return to court date to show proof of enrollment. If that is the case, produce the paperwork from the program provider.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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