On probation for a DUI that happened two years ago
You could receive a maximum of six months for a violation of probation, that is not likely. A drunk in public is a relatively minor offense. Yet the Fontana court may take these things more seriously. Go to court and see what they want to do. If it's a big problem, you'll likely know, and then you should ask for time to hire a lawyer.
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It is a new charge and could also be considered a violation of probation
This is a question best left for the attorney who represented you on the DUI because it is unclear if it was a first DUI or multiple, whether it was for a misdemeanor or felony, whether the DUI and public intoxication charge was in the same county. It all makes a difference. First time DUIs have a maximum jail time of 6 months, multiples have 1 year if it is a misdemeanor, for felonies, it can be 3 years in state prison. If the new offense occurred in a different county than the DUI that one is on probation for, that also may make a difference. The consequences may be minor or something that one doesn't want depending on the circumstances of the old and new offense. You should talk to the attorney who handled your DUI case or contact a local attorney for advice.
Criminal Defense Attorney
It is important to know whether it's your first, second, third DUI? Either way, when you are on probation, you're not supposed to pick up any new cases and you seem to have picked up a misdemeanor public intoxication. This could clearly set off a probation violation; or it could get negotiated down to an infraction. You need a smart attorney to point out that this is a minor offense and shouldn't set off probation alarms.
Attorney Sharen H. Ghatan has been licensed to practice since 2001. She practices criminal defense and personal injury in Los Angeles, Orange, Ventura and San Bernardino counties. For a free legal consulation, please call toll-free 888-926-3720. **Please be advised: the information presented in the above forum is not intended, nor should it be construed , as any form of legal advice for any specific matter. In addition, there is no attorney-client relationship created as a result of a posted response to a query.**
Part of your probation for the DUI is 'violate no law'. If you are found in violation you are facing up to 180 days county jail for the violation. If you are able to get the new charge reduced or dismissed, this could prevent a finding that you violated your probation. You do not want a VOP because it can affect your ability to get the DUI dismissed under 1203.4 after your probation is over. Call some local San Bernardino attorneys and get some free advice. If you can afford to hire one, do it. It can save you a lot of time and money in the long run.