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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20217
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My brother is 23 years old. He is a student registered in school.

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My brother is 23 years old. He is a student registered in school. The prior misdemeanor of battery was due to an arguement with his girlfriend that escalated. They were living together, expecting a baby, and they both got physical. Only she went to the cops and they arrested him for DV, which is what they charged, but it was reduced due to a plea bargain. We could have foght it the whole way, since we had pictures of where she kicked him and he had bodily injury and she did not have one bruise. He pushed her off of him, and told her he was leaving and moving out. In spite, she went to the cops, which she later wrote a letter to the DA explaining, but the DA filed charges anyway. They currently both share the responsibility of raising the baby, who is 19 months now and have a friendly relationship. They have both gone to counseling and the situation has greatly improved. He was so close to reaching his 2 year probation mark, where we could expunge the misdemeanor, except now for the DUI
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Customer

I see a number of issues here but you didn't pose an actual question. What is it you want to know?

What are you needing a defense for and what is being postponed, the DUI or a violation of misdemeanor probation for the4 battery
Customer: replied 4 years ago.

They are joining the case together and the court appearance(which has been postponed 3 times) is for both the DUI and the violation of summary probabtion (for previous battery conviction). 18 months into his summary probation with no other problems, all classes completed, and all fines paid, he was arrested for a DUI. His BAC was .0809 and the Public Defender is trying to get a dry wreckless. There were no other agravating circumstances(no accident or bodily injury, nothing). I realize the maximum penalty is 18 mos (6 for DUI and 12 for violation of summary probation), but the Pudlic Defender has not been clear on what is the likely outcome. I realize that they often do not sentence for maximum jail time on first offense DUI charges, and my question was: what is the probable outcome of these charges including violation of summary probation? Is he facing any real jail time? What is the normal outcome for CA cases in similar situations given the background stated earlier.

Thank you for your time.

Expert:  Zoey_ JD replied 4 years ago.
Thanks for clarifying.

I would think that his odds of avoiding jail here would be fairly good given the nature of the new arrest. But as an East Coast attorney, I wouldn't be able to discuss the normal California outcome with any certainty at all.

I will, therefore, opt out and hope that a California lawyer picks this up. There are many among the experts.

Good luck!
Expert:  Zoey_ JD replied 4 years ago.
Thanks for clarifying.

I would think that his odds of avoiding jail here would be fairly good given the nature of the new arrest. But as an East Coast attorney, I wouldn't be able to discuss the normal California outcome with any certainty at all.

I will, therefore, opt out and hope that a California lawyer picks this up. There are many among the experts.

Good luck!







Customer: replied 4 years ago.
Thank you very much for your time. It is greatly apreciated.
Expert:  Zoey_ JD replied 4 years ago.
Customer

I saw that there was a California lawyer who appears to be on line and I have alerted her to your question. Hopefully, she'll respond soon. Meanwhile, you don't have to stay glued to the computer. JA will notify you by email if your post gets a response.

Customer: replied 4 years ago.
Thanks...I am at work and get notified of my emails...haha...so it is pretty easy for me to check, but thank you for your advice. Our family has been extremely worried about this!
Expert:  Lucy, Esq. replied 4 years ago.
Hello,

Thank you for using Just Answer. Although I am currently also on the East Coast, I went to law school in CA and worked as a DA there. In CA, a first offense DUI is going to carry mandatory jail time - usually of 48 hours. There are also fines and special assesments that, if I recall correctly, end up being around $4,000. A person who is convicted of a DUI will automatically lose his license for a year. If the child was in the car with him, he will serve an additional 48 hours in jail and have to take a parenting class.

For the probation violation, he may be able to avoid extra jail time if the public defendant negotiates a guilty plea on both charges. Also, California has a work project program that allows eligible offenders to avoid jail. I would ask the public defender to look into that for you.

However, if the PD can get a wet reckless instead, he may be able to avoid jail time. If he is willing to plead guilty, that is probably his best option.

Good luck.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20217
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 3 other Criminal Law Specialists are ready to help you

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