Los Angeles DUI Lawyer Blog

Articles Posted in Probation Violations

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If you are on probation and have been arrested for a second criminal offense, the consequences can be very serious. You would not only be charged, if prosecutors decide to press charges, with a criminal offense for which you have been arrested, you will also be charged for a Probation Violation. Both charges are separate cases, and separate charges. Accordingly, they will both have separate consequences.

Let’s consider an example so that we can better walk through the concept.

About two years ago, David was arrested and convicted of a DUI. He entered a plea of guilty, served no jail time and was put on informal probation for three years. When David entered a plea of guilty, the Judge read him his rights and went over the terms of his sentencing, and asked David if he understood what he was pleading to. David stated on the record that he did understand and wanted to plea guilty.

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One set of facts, or incident, can give rise to an innumerable amount of charges. Many people believe that it will be one charge, with additional consequences. That is not the case. If you have been stopped for suspicion of driving under the influence, you could potentially also be charged with a probation violation, if you were on probation at the time.

The best way to understand this concept is through a detailed example.

Some time last year, Don was driving home from a friend’s birthday party. He had have a few drinks and was stopped for suspicion of driving under the influence of alcohol. Don was very stressed out about his case, and did not have a lot of money to spend on a lawyer. On his arraignment date, the prosecutor offered to conclude Don’s case that day if he pled guilty. They offered him no jail time, just a fine, and three years of probation. Don immediately took the deal. He wanted his case to be over with so he could move on and stop worrying about it.

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Getting arrested for a DUI is a traumatic and difficult time. Many people are very eager to get the case completed and will take a plea bargain or offer to get the case completed as soon as possible. This leads to quick, uninformed decisions. Many times it is advisable to wait and seek the counsel of a Los Angeles DUI Lawyer before entering any type of plea in your DUI case. Entering a plea right away may quickly conclude the case, but the consequences you suffer may linger for quite some time.

Reporting

If you have been convicted for a DUI, it will likely be nothing less than a misdemeanor. This means it will be on your record as a felony or misdemeanor. When you apply to educational institutions, or to take certification or board exams, you will have to list your conviction and explain the situation on your application. It is the same process for when you apply to jobs. The employer will ask you if you have been convicted of any criminal offenses and you will have to state your conviction.

Probation

Generally with a first time DUI offense, you are looking at three years of summary probation. You will be on probation for three years. Any criminal offense during the time period you are on probation will be an additional offense, that of probation violation.

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If you have been arrested for suspicion of DUI then chances are, you received a citation from the arresting officer with a date. This date is your arraignment date, and you must appear on or before that date in the Court specified. This will start your legal case.

Oftentimes when you appear in court on that date, you will find that the Prosecutor has not filed your case. This does not necessarily mean that they have dismissed the charges against you. The Prosecutor has a year to file the charges and bring a case against you, and it may be that they have not gotten around to doing it yet due to the overwhelming caseload. If that is the case, they will give you written proof that you upheld you obligation and appeared in court and they will then mail you out a letter giving you a new date. In some instances, the case may have been dismissed and the Prosecutor may have decided not to bring charges.

When, and if, you appear in Court, thatsfirst hearing is referred to as the Arraignment. At the arraignment, the Judge will inform you of your rights, the charges against you, the potential sentence and will ask if you would like to enter a plea.

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If you have been stopped under suspicion of driving under the influence after you have already been convicted for a previous DUI, your consequences significantly increase.

A second DUI conviction carries with it mandatory jail time and enhanced fees, as well as probation. It is a very serious charge the first time around, but is increasingly significant the second time.

If you had a Los Angeles Criminal Defense attorney represent you on the first DUI case, you understand how important and helpful it is to seek the guidance of a legal expert. You will also understand that a second charge is not worth the risk of representing yourself, since you may be facing jail time.

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California Vehicle Code 23600 prohibits driving with any measurable amount of alcohol in your system if you are currently on probation for a DUI. This section of the Vehicle Code is referred to as the Zero Tolerance Law.

Prior to January 2009, the aforementioned section allowed a Judge to revoke probation unless the person violating probation agreed to serve at least 48 hours in County Jail, in the situation that the zero tolerance law was violated and the Blood Alcohol Level (BAC) was over a .04%.

The current law, however, has gotten a lot stricter. If you are now caught violating the Zero Tolerance Law, the DMV will automatically suspend your driver’s license for a year. Additionally, the new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of the person who is caught driving with a BAC over .01%.

In light of the new law , it is now more important than ever to hire an experienced Los Angeles DUI and Criminal Defense attorney who has defended thousands of probation violation and DUI cases. There is a crucial 10 day time limit to request a DMV hearing, which will determine the status of your license. If a DMV hearing is not promptly requested, you may lose your opportunity to state your case to a DMV officer resulting in a revocation or suspension. The knowledgeable attorneys at Hoffman and Associates prepare a powerful defense specific to the facts of your case that you obtain the best desired outcome possible. Our thirty years of experience are reflected in the solid reputation we have built among the many Judges and Prosecutors in the Criminal courts of Southern California.

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When a person is charged with a Los Angeles DUI case they are required by state law to be placed on a minimum of 3 to 5 years of Summary Probation along with a fine to be paid and a rehabilitation program to be completed. In some cases jail time will also be required.

There are two types of probation, informal and formal. Informal probation is generally the case for first offense misdemeanor DUI charges. It is unsupervised whereas formal probation requires the supervision of a deputy probation officer and is usually part of a sentence in more extreme felony charges of DUI.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete the required rehabilitation classes or pay the required fine. An external violation results when a similar crime is committed within the probationary period.s

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A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation.sFurthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

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