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WHAT CAN HAPPEN IF YOUR ON PROBATION AND GET A DUI?

Saint Cloud, FL |

My boyfriend got pulled over for not having his headlights on he is on probation and he just found out his lisence was suspended as well but they charged him for dui becaase i guess he didnt pass their test because he he was on medication from an injury on his arm so that came up. what can happen? pleasse help me im trying to keep him out of jail or prison time

Attorney Answers 4

Posted

If your boyfriend is on probation and picks up new criminal charges, those charges are treated not only as violations of his probation (VOP), but also as new, separate criminal offenses. What that means in terms of sentencing is the Judge could impose one sentence for the VOP, and later impose another sentence(s) for the new charges. A criminal attorney can advise him as to whether to admit or deny his VOP, whether to plea to the new charges (and when), and/or explore potential negotiations with the prosecutors assigned to his cases.

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9 comments

Asker

Posted

He did get arrested for the DUI and VOP with no bond he has a jail arraignment of 5/10/12 do you think he should plead no contest to the DUI? Im trying to keep him away from jail time as much as I can !

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

I can't possibly advise him as to how he should resolve his cases without reviewing the discovery, knowing his criminal history, the jurisdiction in which he is charged, etc. He definitely needs to speak to an attorney ASAP for help deciding how best to proceed. Sorry I can't be more help, but any attorney would need to know all of the details before he or she could properly assist him.

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

I can't possibly advise him as to how he should resolve his cases without reviewing the discovery, knowing his criminal history, the jurisdiction in which he is charged, etc. He definitely needs to speak to an attorney ASAP for help deciding how best to proceed. Sorry I can't be more help, but any attorney would need to know all of the details before he or she could properly assist him.

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

I can't possibly advise him as to how he should resolve his cases without reviewing the discovery, knowing his criminal history, the jurisdiction in which he is charged, etc. He definitely needs to speak to an attorney ASAP for help deciding how best to proceed. Sorry I can't be more help, but any attorney would need to know all of the details before he or she could properly assist him.

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

I can't possibly advise him as to how he should resolve his cases without reviewing the discovery, knowing his criminal history, the jurisdiction in which he is charged, etc. He definitely needs to speak to an attorney ASAP for help deciding how best to proceed. Sorry I can't be more help, but any attorney would need to know all of the details before he or she could properly assist him.

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

I can't possibly advise him as to how he should resolve his cases without reviewing the discovery, knowing his criminal history, the jurisdiction in which he is charged, etc. He definitely needs to speak to an attorney ASAP for help deciding how best to proceed. Sorry I can't be more help, but any attorney would need to know all of the details before he or she could properly assist him.

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

*Sorry for the multiple posts! Phone went haywire.

Asker

Posted

His VOP is on a misdemeanor for a possession of paraphernilia and possession of marijuana under 20g. A lawyer came in to see him at the jail and told him he should not get a lawyer until after his arraignment to see what the judge has to offer but I'm afraid they're going to offer him jail time only and no probation. This is his 2nd VOP charge but this is his first time doing time in jail for a VOP. His first VOP was for leaving the scene of an accident since he was on probation and got into an accident but left the scene, but that probation was done with so the VOP he is getting charged with is the misdemeanor one only. Now do you think I should hire an attorney before his arraignment this coming thursday may 10th,2012?

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

It sounds like your boyfriend really needs to consult further with the lawyer who came to see him at the jail. That person will have far more information about your boyfriend's case, and obviously has the benefit of speaking with him directly.

Posted

Your boyfriend could get jail or prison time, depending on what the charge is. He will most likely be placed in jail without a bond on the VOP. I do not know what to tell you except that he needs a good attorney. I handle all kinds of criminal cases in Osceola County and would be happy to consult with you on this matter. 407-846-8008.

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Posted

He is facing jail, not only for the violation, but also the dui. He needs a good local attorney to contest the dui, because if the State cant prove he was unsafe to drive, as long as the medication was legally prescribed he has a chance to win the dui

Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O

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Posted

If you are on probation and get a new law violation it violates your probation and a warrant will be issued. Your boyfriend should retain a lawyer immediately so that when he gets picked up on new violation a lawyer can try and get bond on the matter!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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