I received my 2nd DUI 1mo after being given probation for my 1st DUI, 4 months after the 1st arrest. Under threats of being immediately remanded to custody with up to $30k bail if I pleaded not guilty, I took a plea for 30 days (60 days with 30 days stayed). I know that means I'll have 2 weeks of time to do. In addition I have the 18mo multiple conviction program, MADD panel, and 80hrs work service.
I have a job that doesn't require driving, but would likely frown heavily upon the DUIs. I am also going through a rough child custody battle with a very limited visitation schedule. I was thinking of going back to court and trying to get a different judge to give me the option of consecutive weekends, more work service, or work furlough. What are my options? Thank you very much for your help.Thank you for the information, gentlemen. Based on the possible illegality of their threats as well as the risk of losing my job, I've decided to retain an attorney. I'm pretty broke, but I figure the cost will be offset by the 2 weeks of pay that I'll be missing if I don't get furlough. I may even get lucky and just get more work service.
You need to speak to attorney about this matter. If you were some how threatened into pleading guilty, your plea may have been unconstitutional. The prosecution and the Court are not supposed to threaten high bail or jail time if you are going to plead guilty, and especially not if you have not yet spoken to an attorney. Two DUI's in that amount of time are very serious. So, you may not get a better deal later on. But, if you were coerced into pleading guilty, you have a basis to withdraw your plea.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
You or your lawyer can go back to the judge to modify the sentence. Did your lawyer or the judge mention work furlough or other alternatives? You would be a good candidate for work furlough, but 30 days on weekends will probably not fly. Here is the contact info for work furlough
http://www.sdcounty.ca.gov/probation/adult_information_detained.html Also ask if some of the custody can be converted to public work or volunteer work. I suspect, however you will be doing custody, either in jail or work furlough. Who was the sentencing judge?
It's doubtful you would get your case before a different judge. However, you may seek to modify the terms and conditions of your probation which could result in the changes you want. You'll need to sit down with the attorney who handled your case and prepare a persuasive presentation for the judge in order to convince that judge that your current situation warrants such consideration. Please feel free to contact my office for a free consultation to address any further questions or concerns.
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