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Probation before judgement unsupervised violated? What can happen?

Rockville, MD |

A friend of mine got one DUI and came out with PBJ w/o supervision and go a second DUI within 7 months of getting PBJ. What are possible outcomes of the case? How long of jail time can he face? Can he avoid jail time all together?

Attorney Answers 4

Posted

If he is found guilty of the second, he will have violated probation for the first charge. As a result the PBJ will likely be stricken and he could face up to one year in jail for a DUI and 60 days for a DWI, the balance of any suspended fine and 12 points on his driving record.
He would face a potential of one year on the second as well unless subsequent offender papers were filed against him which could lead to even more potential jail time. There could be fines as well as points.

That is a worst case scenario. It is likely if he is found guilty on the second he will receive a short period of incarceration, fines and will face license suspension or revocation and will have to have ignition interlock to retain driving privileges.
There is a lot riding on the second charge and he would be well served to speak with counsel to prepare a strategy for the matters.

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Asker

Posted

If he does a number of things before his court date such as, voluntary interlock, community service, alcohol classes will that impact the sentence he receives when his court date arrives? Will the judge look at that and take that into consideration?

Monty N Yolles

Monty N Yolles

Posted

He absolutely can help his situation before going to court, regardless of whether he is going to go to trial or enter some sort of plea. Formulating a strategy is case specific. Having an evaluation and entering a treatment program can help educate the judge as to what he or she is dealing with if it comes time to sentence a person. Community service can also show a judge sincerity on the part of the defendant. However, again, a strategy would be case specific. I would be happy to talk with your friend if he so desires.

Asker

Posted

Ok! Thank you so much! I will suggest this to my friend! Will be in contact with you

Posted

There are many possible outcomes. However, for the violation of probation he will be facing the potential jail time of the charge for which he was guilty. He should contact me or another attorney immediately, as there are several collateral consequences which should be addressed, as well.

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Asker

Posted

He can face jail time for the first DUI? Or what? I am a little confused

Lewis Maurice Silber

Lewis Maurice Silber

Posted

Yes. Just because the probation was unsupervised, does not mean that he wasn't on probation.

Lewis Maurice Silber

Lewis Maurice Silber

Posted

Yes. Just because the probation was unsupervised, does not mean that he wasn't on probation.

Lewis Maurice Silber

Lewis Maurice Silber

Posted

Yes. Just because the probation was unsupervised, does not mean that he wasn't on probation.

Asker

Posted

Ok. Thank you!

Posted

If convicted, your friend might be sentenced to two years on the new charge followed by an additional year for violating probation for a total of three years in state prison. Of course, the state has the burden of proving the new charge beyond a reasonable doubt and the probation violation by a preponderance of evidence. While it is possible that your friend might not do any time, if the state fails to do its job, it is likely that any court would impose some incarceration, if your friend it convicted or found in violation. How much depends on a lot of things, but mostly it depends on what your friend does before sentencing to address his drinking problem.

Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.

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Posted

Your friend is facing two potential issues in criminal court and additional issues with respect to his driver's license. In criminal court, whether he is facing a violation of probation (VOP) will depend on whether he was on probation at the time of the second DUI charge. If the unsupervised probation was for less than 7 months, (unlikely, but possible), it will not be a violation. In addition, if friend is found not guilty of the second DUI charge, it is possible that your friend will not be in violation of the first DUI offense. It will depend on whether there were any specific conditions imposed by the judge on the unsupervised probation. Whether your friend is found not guilty is fact specific to each case. If friend is found guilty of second DUI, and is on probation, friend will face a potential VOP and likelihood of jail in either the first ( as a VOP)/ second or both DUI offenses. The possibilty of going to jail, and for how long, is also fact specific and jurisdiction dependent. How your friend responds to the allegations can assist him at a sentencing hearing, but once again, this depends on the facts and the jurisdiction of the court. Please also note that there may be additional consequences from the MVA, and that your friend's ability to drive may also be affected

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