I am being charged with VC 23152(a) Driving under the influence sections 23540(a)/23546(a) prior convictions, HS11378 posession of sale of a controlled substance, VC12500(a) unlicensed driver. For the DUI it says I have prior convictions, I got charged with DUI before but got it lowered to wet reckless. Am I going to have to do jail time? How much if any? Is there any chance of getting any of the charges lowered? I was released on "O.R." My arraignment is 12/4/2014. My sons birthday is on 12/11/2014. If I show up to court will they arrest me? If i FTA what will happen then?I only got caught with 3 grams. It was for personal use. No baggies, scale, or money. I was charged with my first DUI but it was lowered to wet reckless. Does that still count as DUI? And what if I didn't use yet that day I was arrested but it came out in my blood?
Without having access to the case file, there is no way to speculate whether you will do any time or not, but if you are found guilty of the 23152 alone, some jail time is likely. You have other issues on top of that that each carry the threat of additional time as well. You need an attorney and you need one NOW. If you fail to appear, you will only make things worse! I suggest on-top of an attorney, you seek alcohol counseling as well. That will go a long way with the DA. Most here on Avvo will give you a free consultation. Pick 3 to call and then go with the one you can afford and feel comfortable with.
It's difficult to tell you what will happen without a thorough understanding of what happened with this incident, as well as the priors.
Consult with an attorney. It's hard to say whether you are likely to get arrested at arraignment, without knowledge of the other circumstances, but do not FTA. That's more reason to consult with someone, in person.
If you do FTA, you will only increase the likelihood of arrest when you are stopped, and the police see the FTA warrant issued.
Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.
I strongly advise you NOT to blow off your court date. You already have one felony charge; failure to appear can be charged as a separate felony, with a maximum sentence of three years, plus an additional two years for committing a new file while you're released on your own recognizance.
The judge will also be a lot less likely to release you in the future, and you could wind up in the jail so the judge KNOWS you'll be in court.
You aren't going to get any meaningful answers bout the possible outcome of your case from a stranger on the Internet who knows nothing about your case. You need a lawyer who has all the facts of your case, whether that's a court appointed public defender or a privately retained attorney.
Free Consultation to potential clients with criminal matters in counties within 100 miles of Chico, California. I do not accept telephone calls regarding my posts on Avvo. If you need more information, please use the "comments" button or post another question. This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
Get an attorney to appear for you. You need one for this matter.
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline