My sister served 45 days for a misdemeanor of intimidating a witness. She was ultimately charged with fourth degree assault, served her time, and received probation. While on probation, she got a DUI, and got her license suspended. Several months later, she was pulled over driving on suspended DUI license and got another DUI. She also got third degree assault and resisting arrest. She has since gone to rehab, but received a PI after release. Today, her probation was revoked. What will happen next?
We need to know all of the facts and circumstances regarding exactly what she was facing and what she is facing now. I know that you think you have given us enough to form an answer, but we simply do not have the ability to get even the simplest of our questions answered, and there are many that any attorney would want to ask. Her best bet is to set up an appointment with a local criminal defense attorney to discuss her options at this stage. My quick answer, is she will be sentenced to jail.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
After the revocation of probation is entered of record by the judge then sentencing is the next phase. Sentencing parameters are a complex mix of law, facts, background and presentation by the defense lawyer. Consult local experienced criminal defense attorney for the best advice.
This answer/response is based on the information provided in your inquiry and requires a much more complete context than is available in this public forum. Please do NOT use this answer/response to say or do anything regarding your situation. BEFORE you say or do anything consult with an experienced local Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.
I recommend consulting an attorney about the specific facts surrounding the case. It is difficult to fully answer your question as there are several possibilities as to the outcome. If probation was revoked, I'm assuming there was a probation revocation hearing. Typically, after the revocation hearing, the judge will set a sentencing date. The sentence is ultimately up to the judge, however, your sister's attorney can provide mitigating factors on her behalf. It sounds like your sister would benefit from some sort of treatment in lieu of jail time. Hopefully everything works our for her. I wish you both the best of luck.
Criminal Defense Attorney
She continues to need the services of a criminal defense attorney in your area ASAP. www.kacdl.net
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..