Have two prior dui's. Both three years ago. I cant lose my job because of my responsibilities I have. Father of four and husband. Will the judge show mercy and what should I ask for?
Even if its a standard DUI (nothing extra bad: like injuries, driving really fast, or babies in the car), California Code requires a mandatory 120 in jail. Judges can interpret jail to mean other things. Judges could give work program (not allowed in Fresno County with sentences more than 90 days), ankle monitor, or an inpatient program. I have not verified it, but have heard some in patients allow work (most do not). Getting the judge to go along with ankle monitor may be tough (many judges consider it a too lenient a sentence for third DUI), but it usually doesn't hurt to try. Some of my third time DUI clients have turned themselves in, in hopes of an early release and have met favorable results (this is risky).See question
I was recently issued a warrant but have already contacted the courts and scheduled a court date. Are there any precautions I should take? This is my first charge and first ticket. (CA)
I would carry your minute order around with you before your court date. If an officer sees you on the street technically he can arrest you. It is less likely if you provide him with the paperwork showing you are taking care of the process. Most judges in Fresno County would not put you in jail for one FTA on a misdemeanor. However, it is possible. Be courteous, most like it when you dress nice too.See question
In December 2010 I was caught shoplifting at a Kohl's. When I showed up for my court date in March 2011 I was told that my name was not in the system that they couldn't find any reason I should be there. .they gave me the number for the DA's offic...
The most important thing is to get that arrest warrant recalled. The judge cannot do that until the matter gets put on calender. In order to get the matter put on calendar, you need to go down to The Fresno Superior Courthouse Calendaring Department on the fourth floor of the main courthouse. There they will give you the date where the judge can get rid of the warrant. Alternatively, you could get a private attorney to help you with this step. Once you get your paperwork showing that you have a future court date, carry it around with you until your date because officers can arrest you. By showing that you are taking the steps necessary to rid yourself of that warrant, it will help you persuade the officer not to take you into jail. With a misdemeanor theft case it is unlikely that they arrest you, because the jail is so full, but they do have that power.
Our other comment, from Elliot, is correct. To expand, there is a presumption that the court took too long to prosecute you if more than a year passes between the affidavit in support of an arrest warrant and the arraignment in court on misdemeanor matters. However, there are exceptions to this rule and it may not apply in your case.See question
Can I drop charges we work together three kids and I am not in fear we live in WY we need. No contact. Order off too we have worked together eight. Years
Not in California, the way it works here is once the police have gathered the evidence, the case is given to the district attorney. The supervisors review the evidence and determine how strong the case is. The trial district attorneys determine if the case goes to trial. Sometimes, the politics of the district attorney’s office leaves the ultimate decision with the supervisors.
You may be a factor in the district attorneys willingness to proceed. That area is a little sticky on what I ethically can and can’t tell you. Since I am not familiar with your state, I will let someone else comment on that.
My son has a pd that not doing anything to help? His per trail is coming soon, and he is thinking defending his self. Where can he get advice?
In California, you can tell the court your attorney is incompetently or inadequately represented you. The court will have a hearing and determine if that has happened. If it is granted you will get a new lawyer. I'm pretty sure there is a process in place in Illinois.See question
Have No job and go to school.
It depends, most crimes have a maximum sentence under their code section. If you go to the judge an explain your non ability to pay, s/he can give you community service or possibly work program instead of your fine. In Fresno County, judges would give you jail time at $100 a day, so you would probably do two days. However, seeing as the fine is so low. I think the charge may be an infraction to which you may not be able to do jail time. I would put it on calendar at the clerks office and ask the judge what options you have.See question
the officer pulled him over for improper right turn, he smelled alcohol on my son and made him do a bunch of test outside the vehicle, then took him to the station and told him to blow, my son refused. he had a 500 bond. what is going to happen ne...
The DWI is likely a misdemeanor. However, that is not his big problem. He will be facing a violation of probation. He got probation on the felony burglary. When people are relatively new to the criminal courts (I'm guessing the 19 year old doesn't have much history), the court will grant them probation. The court is saying do what we say, and you can avoid prison. Here, he didn't do what he was supposed to. Obey all laws.
Let's say he pleads to the DWI. DWI's come with punishment. He will likely get more than the standard punishment because he was on probation. Alternatively, the court could say we are done with your son, he had his chance on probation and sentence him to prison.
If it was my son, I would have him see the public defender. If the public defender seems professional, see what kind of a deal he/she can get on the table. If it doesn't seem fair, consult a private attorney. I wouldn't bond him. A lot of times you can't even post with a parole hold. Even if he gets probation the judge is going to want some sort of punishment. He can build up some time credits. In my county, they would make him wait a week or two before he got an offer. Every county is different.See question
I found an arrest report online and my ex got arrested for DWI the other day. My kids are supposed to go across the country to see him this summer for visitation. Well due to the current situation (and this is NOT his first one, this is the second...
You do not need to wait for a criminal conviction to address the issue in front of the family courts. You can definitely ask the family courts to modify its current order. However, I'm not sure if a second DWI will persuade the courts to change custody as dramatically as you are seeking in your county. For that, you should consult a local family law attorney.See question
I got arrested for drunk driving and the court said that this is my 5th or 6th offense. I can't afford a private attorney, therefore a public defender is going to represent me
Public defenders are great attorneys. They pass the same tests that the judge’s take. However, they are overworked. When I was a public defender, it was common for me to work twelve (12) hour days and work on the weekends in order to professionally represent my clients. Some public defenders can only put in eight (8) hour days. They may not have the time to write important motions, do proper investigation, interview you in jail, or take time to read your police report. If that's the case you should consider hiring a private attorney.
A DUI could be tricky. With so many DUI's you are likely looking at prison. It may be possible to get a program depending on how spaced out they are. However, the public defender could be comfortable as they likely appear in front of that judge every day. They can get you just as good of a deal or represent you in trial professionally, but its hard to say. Some are good and some are not that good.
I suggest meet the public defender. You can always fire him/her and represent yourself if you feel they are incompetent.See question
Got out of the army as a hard drinker, got into a fight with a group of men labor day 2011. Charged with criminal mischief class b. I made a plea deal with the District Attorney and she offered 1 year of prob, with 40 hours community service. ...
Yes, but its super tough. You have to show the plea was done with mistake, ignorance, inadvertence, or some other factor that demonstrates overreaching (CA law, may be slightly different in Texas). The idea is the same, courts generally won't allow in unless there was something very wrong at the deal. It seems like you knew what it was all about and took the deal knowingly.
California allows for an expungement after you complete probation. That may be your better option.See question