I received a misdemeanor DUI in OC 3 years ago. Unfortunately, I received a third recently however I live in Texas. I am dealing with the legal issues here however I know I violated my probation in Orange COunty which was 5 years and it has only been 3. What are the consequences I will face and if I move back to OC, with PV do they offer extensions to probation or allow for house arrest, I have commited myself to IOP rehab for alcohol and am doing community service all on my own for texas reasons and am hoping that will show good faith to a judge or probation officer in OC. Also, do I need to contact the probation officer to discuss reconciling this matter? I know for misdemeanors CA will not come to Texas for me. Thanks!
You should begin by contacting the attorney who handled your OC case. Since you're accumulating DUIs rapidly you should probably look into getting some treatment, aka rehab. That or quit driving entirely.
San Diego Criminal Defense Attorney--20 years experience--Free Consultations
Do you need to contact the probation officer to discuss reconciling this matter? A better option would be to consult with an OC criminal attorney who would need to completely review your situation with the DUI's and violation to determine a strategy. You could also contact your original attorney. Use the "find a lawyer" tab above to locate an OC attorney. Best of luck.
If Orange County discovers and alleges the probation violation, you will likely be sentenced to serve some time in jail when the court finds that you violated the terms of your probation (driving with a measureable amount of alcohol in your body).
The conduct that gave rise to the new law violation will guide the judge in selecting how much time you should serve if you are found to have violated the terms of your probation. If you are sentenced to serve some jail, you may be able to serve that sentence in an alternative form of psuedo-custody. Common alternatives include what most people think of as community service work, rehab., house arrest, etc.
You shouldn't have a probation officer to report this to, but you probably agreed to report any new violations of law to the court as a term of your probation. You may or may not want to comply with that term of probation.
It's time to contact a real DUI defense attorney in Orange County.
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OC can give you up to a year for the probation violation but I think it's highly unlikely they've picked up the new DUIS unless the probation violation is due to you not finishing a OC requirement.
Below I've given you links regarding probation violations.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
If you are suspected of violating your probation, you will be scheduled to go to a probation violation hearing. At the hearing, the judge will decided whether you have actually violated your probation, by the preponderance of the evidence. If the judge does determine you were in violation, it is up to the judges discretion as you sentence. The judge can either sentence you to the maximum of the original sentence or the judge can simply reinstate your probation. In short, the judge has a broad discretion. Your best option is to hire an attorney and have your attorney represent you through this process.
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