I was given a offer of a 30 day jail sentence for a felony dui. Well, when I had the psi done, the PO suggest I get a 120 shock

Asked over 2 years ago - Saint Louis, MO

time. I have done the 30 days in jail when I turned myself in then for the past 6mths, I have been wearing a scram braclet. This PO did not like me. I was cordial, but she said 120. 480 community service. I advised her my father whom I am living with has stage 4 lung cancer and I am living with him to help him. The PO said too bad.
I don't understand. This felony dui involved no accident and I was out of my car and approached by cops when I got arrested. Please help....
Also, when I went in for the psi I didnt have a job, now I do. I have always had stable employment and I am educated, and no other criminal history.
It just seems in some ways this psi is subjective and I took offense when the PO said I could get another dui; You cannot predict crimes....thx.

Attorney answers (5)

  1. Jeremy Daniel Hollingshead

    Pro

    Contributor Level 9

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    Answered . Whether there is anything you can do depends entirely on what stage in the process you are currently in. If you have already plead guilty (and did so without a recommendation) and were waiting on a PSI for sentencing, it is entirely up to the judge to determine your sentence. If you plead pursuant to the prosecutor's recommendation, and the judge ordered a PSI to determine if he will accept the recommendation, you have the right to withdraw the plea of guilty if the judge rejects the prosecutor's recommendation. Finally, if you are being sentenced on a probation violation, if you don't already, you need representation. Without it, you are entirely at the judge's mercy pursuant to your original sentence. Oftentimes, there are things that can be done. Sometimes not. St. Louis County currently has a DWI court for certain eligible felony DWIs, and judges will sometimes require completion of DWI court as opposed to execution on your sentence. In such a case, it is oftentimes possible to avoid jail.

  2. Melvin G. Franke

    Contributor Level 13

    Answered . Why is it a felany DUI? You can fight the recommendation in court if you believe it is wrong and unfair.

  3. John Patrick Burnett

    Contributor Level 5

    Answered . Try not to panic. The PO recommendation for a 120 is just that a "recommendation". Actually in MO we now call them SAR - Sentencing Assessment Reports - and they are just a report that the judge may use to make the final decision. In my experience many of these report writers always recommend prison time and many always recommend straight probation. The judges and everyone in the justice system know this. Most judges make independent decisions and give the reports weight based on the information in them not the recommendation of the writer. Most just cover themselves because they do not want to have a "guilty conscience" if a defendant does offend again and there is a tragedy. They live in fear that someone they have suggested probation on gets another case and hurts or kills someone. So they cover themselves. Focus not on the bottom line look at the facts in the report. Make certain your lawyer point out to the judge your side of all issues. The employment issue is huge. If a person is not employed they are much more likely to offend again. Finally lose the attitude on the PO telling you that you might get another DWI. You are right no one can predict crime but you can control whether or not you get another case. That was a great opportunity for you to vow loudly "no way I have learned my lesson". Assuming that is true of course.

  4. James J White

    Pro

    Contributor Level 16

    Answered . All the information you provide, if documented to your lawyer, can be used by him or her to hold the Judge to the prosecutor's original recommendation of 30 days. So, talk to your lawyer right away.
    At your service,

  5. James C Forslund

    Contributor Level 19

    Answered . The judge has the final say in the matter. He can accept or reject the plea bargain. If you do not have an attorney, get one.

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