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What will happen to him

Riverside, CA |

My boyfriend got released on probation and got prop 36 but before that they had just givin him probaton He just gor arrested for being under the influence while driving so its a violation of his probation

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Attorney answers 3


There is always an increased risk of incarceration whenever a person has a new offense which also violates his or her probation. There is not enough information about the cases and his entire criminal history to determine the possible results. However, I seriously recommend that you retain counsel for him. For both cases. We handle Riverside cases.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.



well this is his third time before that he didnt have a record his first charge they let him out on probation he got in trouble again for the same thing and they gave him formal probation and prop 36 now this time since he had alrady violated probation once for the same thing and since they already gave him prop 36 will it be likely that this time he gets time?

Richard Franklin Taub

Richard Franklin Taub


I am assuming that you are telling me that this is his third DUI, thought that is not entirely clear from your statements. If so, he is much more likely to face jail, even if he had not violated probation before. So, the chance of jail increases that much more. Again, his salvation in the legal sense comes from winning this case, and though I don't know the details of the case, I am willing to bet that he is much less likely to succeed without counsel.


If the arrest was after he got probation then it would not be a violation. If afterwards, it could be depending on the facts. See my answer to your related question about Prop 36 probation grants in general.


An arrest before probation in another case is given does not effect the pending case.

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