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First DUI while on probation

Norristown, PA |

since the dui i have went to rehab and enrolled in treatment, however my p.o knows nothing of the dui yet... what are the possibilities for sentencing?

Attorney Answers 6


  1. Best answer

    You should hire a qualified Montgomery County Criminal Defense Lawyer as the possibilities run the gamut from being violated from the street (or not at all) to be taken directly to jail where you might not get a hearing for three months or more. Do not underestimate the potential for danger here. Steve
    Steven F. Fairlie, Esq.
    Fairlie & Lippy, P.C.
    1501 Lower State Road, Suite 304
    North Wales, PA 19454
    voice: (215) 997-1000
    fax: (215) 997-1777
    steve@fairlielaw.net
    www.fairlielaw.net


  2. It is good that you are in treatment which can only help your case. As far as possibly sentences, your PO will have a recommendation ranging from additional probation, all the way to the maximum incarceration. If the recommendation is reasonable and you agree to it, that will be your sentence. If it is unreasonable (jail), then you have a right to a hearing before your back judge and he will decide the appropriate punishment.
    You should retain an experienced, local attorney to assist you as there is a real chance that you could go to prison for the violation.
    Best of luck,
    Ellis Klein, Esquire
    Young, Klein and Associates
    215-639-5297
    www.ykacrim.com


  3. I agree with Mr. Fairlie. As a former Montgomery County prosecutor and current defense attorney, I can tell you that the risk you run of spending three to five months in jail on your probation violation is very high while you're waiting for a hearing. While some things may slip your PO every once in a while, from my experience, the Montgomery County Probation and Parole department is very good at finding out about new arrests.

    I'd advise you to immediately hire a qualified attorney familiar with Montgomery County. In fact, I'd recommend Mr. Fairlie.

    The answers I provide are not considered legal advice. Short questions in this forum do not allow for full and competent legal advice. I advice you get an attorney in any case where you have contact with the legal system.


  4. Well the minimum mandatory sentences for a first offense dui range from probation to 72 hrs of incarceration. As far as a sentence for your possible violation of probation, that depends on what you are on probation for. In all liklihood your PO will find out. I would suggest getting an attorney ASAP.

    John M. Walsh, Esquire
    Law Office of John M. Walsh
    2101 Pine St
    Philadelphia, PA 19103
    215-758-9200


  5. In the state of TN, being charged with a DUI while on probation can be an automatic violation of the probation and it worsens if the probation officer is not disclosed about it. one way or another, your probation officer will discover the new DUI, so I would contact my lawyer and have him/her orchestrate things to minimal damage. At the T. Bailey Law Office, I prefer to handle these possible violations on behalf of my clients.

    This is not acceptable as binding legal advice. Please feel free to call the Board of Professional Responsibility or your local bar association for a clear and independent answer regarding this question and your local bar rules.


  6. Retain your attorney sooner rather than later they can tell you how to handle the PO to improve your chances. You do have an uphill battle and you need someone on yourside.

    This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.

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