Get a lawyer. If you cannot afford one, speak to the public defenders office. You need serious help with your problems. You need a lawyer for your legal problems and medical help with your drinking problems. Go to AA today!
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
Please contact one of us for a no-cost office consultation to review your options and alternatives to custody. This really requires about a 30 to 60 minute conference, please bring along copies of all of your documents to whatever offices you go to.
Please do not rely upon any advice given unless I have had to the opportunity to personally review the legal file, court documents any other relevant evidence, not limited to discovery and witness statements,
There may be alternatives. My advice is to contact a few attorneys for a free consultation to determine which strategy is best for your matter. Bring all documents that you have. I wish you the best and hope everything works out for you.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
First - you should contact some of the qualified local attorneys who offer free consultations. This will enable you to have a more detailed conversation about your situation. (This forum is great, but it does have its limitations.)
Second - if you can't afford a private attorney, then you want to begin the process of applying for the services of the public defender.
Third - you need to focus on the new offense and not so much the violation of probation. Your new offense will undoubtedly be a felony, and it is there that the prosecution will seek to get the most custody time.
Fourth - you need to get treatment for you alcohol problem. I am sure this was a term of your felony conviction, but you need to seek further treatment on your own and keep at it.
I'm really sorry that this is happening in your life. First off, there may be some facts to help you optimize the outcome of your criminal case. Visit the Public Defender's office at the court where your matter is set to be heard and try to help the busy attorney assigned to your case as much as possible by providing reliable information and documents. Ask the attorney to help you find a solution to your substance abuse problem with a disposition to include a meaningful OPPORTUNITY for self-improvement. Find an out of print copy of Rogers' Fighting to Win: Samurai Techniques for Your Work and Life (don't laugh at the corny name!) on Amazon or eBay and read it ASAP. Before doing any of the other things I mention above, start AA - it's free and there are meetings all over the place day and night. Prove you're better than this. Don't lose hope.
California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and bankruptcy (ch. 7) matters in the greater Los Angeles area. To discuss possible representation, feel free to phone Mr. Babachanian at 818-500-0678 or email him at firstname.lastname@example.org. The information provided is as a public courtesy only and does not establish an attorney-client relationship. Only a formal written agreement establishes an attorney-client relationship. In criminal cases, speak with nobody except privately with an attorney about your case facts. In personal injury cases, all cases are governed by statutes of limitation which create deadlines to bring your case, and if you miss the deadline(s) you risk forever losing your rights.
You are obviously aware that this is a serious issue with serious potential consequences. I know you don't have a lot of money for an attorney, but I would still recommend consulting with a DUI attorney or two in your area. Many will offer a free initial consultation to discuss your case and details about it in more detail.
If you can not afford an attorney, you should go with the Public Defender. A lot of people do not feel comfortable going with a Public Defender for their given reasons, but if you can not afford a privately retained attorney, representing yourself and trying to learn the law, defenses, and court procedure without a law degree and experience, is generally not a good idea and will cost you more in the long run than having an experienced DUI attorney.
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
All the other responses are accurate, I write separately only to say I practice in Vista court and would happy to talk to you(free of charge) to give you honest answers.
Honestly, if it is fairly clear they can prove the latest DUI against you, your exposure will be significant but there are alternatives to incarceration, though an uphill battle. Call if you want to chat.
Since you have a good job, I maybe possible for you to find a lawyer that will take a payment plan. There are several excellent lawyer's answers this question right now. Best of Luck!