What happens if someone is on bond and absolute sobriety and is caught drinking but didn't get arrested for it at the time of the event but the police said they will be contacting the court?
Family Law Attorney
Since you did not provide many details I cannot give an exact answer however I can give you a general example on how the law works in some jurisdictions. THIS IS NOT SPECIFIC TO YOUR CASE. For example if you are out on bond and a condition of your bond is no drinking (many bonds do have this condition so check your paperwork or ask your bondsmen for a copy if you used one) then the state may seek to have your bond revoked because it is a violation of your bond conditions and as a result, a violation of a court order. A policeman would call the state attorney and ask to have your bond revoked and if the state agrees they would go before the court. However the Judge would hear both sides before rendering a decision. The court could leave the bond where it is, could increase the amount of bond or revoke all together. This really depends on where you live and your jurisdiction so for a specific answer instead of generalities I have listed here, I would contact a criminal defense attorney where you live who would be able to give you specific advice on your facts. Many have free consultations.
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Criminal Defense Attorney
What is very likely to happen is that the judge will issue a bench warrant for the bond violation. The defendant may also be charged with the additional crime of bail jumping.
This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.
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Divorce / Separation Lawyer
You can be charged with bail jumping-felony or misdemeanor depending on what you were orignailly charged with.
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Criminal Defense Attorney
Violating bond is often more serious than the original charge because it demonstrates an inability to follow simple instructions under circumstances where you know that you are likely to be caught for (such as while being monitored via chemical testing typical of bail conditions often set in drunken driving cases). By continuing to drink regardless of this reality, you furnish the court with living proof that you are likely to offend again in the near future, exposing you to harsher penalties in both the original charge as well as the new bail jumping charges. Every judge's worst nightmare is the prospect of someone who they have released on bond driving drunk and killing an innocent person or family. The judge's first reaction is therefore likely to be to make sure that you are not released on bond again, and that you continue to remain in jail for the longest time possible time allowed by law after sentencing, in order to protect society from you. The length of time that you can legally be incarcerated usually doubles or triples when bond violation charges are added to your original ones. If you are in a situation where you are tempted to drink regardless of being on an absolute sobriety bond condition, you need to seek immediate professional help for your alcoholism. An experienced criminal lawyer can assist you with referrals addressing this problem as well as assisting you with your defense. However, the time to reach out for that help is before you go out drinking following your release on an OWI bond even more so than afterwards. You should also look up alcoholics anonymously immediately in your phone book and call that number for additional useful suggestions. Please do not assume that I am your lawyer simply due to answering this question; you will need to make arrangements to retain any of the responding lawyers here before they would actually become your lawyer. You are welcome to call my office at 262-633-3090 for clarifications. http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon
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Criminal Defense Attorney
Absolute sobriety is usually imposed as a condition only if alcohol was involved in the original offense. Since you posted under DUI, I assume this was the case.
"Someone" should be talking with his/her dui lawyer about this, now.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
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