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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23572
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was convicted of a felony DUI back in 2014. He was in

Customer Question

My son was convicted of a felony DUI back in 2014. He was in jail for 6mos and was given 5yrs probation, 6mos rehab, pay restitution for damages, and 18mos DUI courses. He's done all but the 18mos DUI courses due to work schedule because once he starts and is even 2 mins late they dismiss him...a violation of his probation so he's postponed it. He had the same PO for last 2+ yrs and had a good relationship with him...a trust/bond was built. However, approx 7mos ago he got a new female PO that immediately put a alcohol anklet on him (of which cost him 100's of $ that he didn't have but did what he was told) and was complacent with all of her demands. He's passed all of his DUI tests with past/present PO, became a foreman at his job and even got his own place 2 months ago. Last week he failed to show up for his last PO visit so they dropped by his place. He passed a breath analyzer but he had beer cans in his trash. He stated they were his friends' and the PO wanted access to his phone. When he declined access to his phone she took him for non-compliance and violation and now he's sitting in county jail here in San Diego being told it's at least 10 days before he will even have arraignment. I think this is absolutely harsh and unreasonable. Isn't it supposed to be 72hrs for arraignment? I am preparing to leave for a job in the next 20-30 days in Washington State and would like to see if I can transfer his probation there. Do you think it's possible he has a chance? What can I do to start this process? Can I speak on his behalf in court offering to accept responsibility for the transfer? I'm not making excuses for him or that he didn't do wrong and should accept he made a mistake but really? It's not like he's a gun wielding robber, he was 20 yrs old and made a stupid mistake. He's got mental issues (i.e. Depression and Bi-polar), can't that come into play at all with this? If so, how can I use this in his defense? I don't have the money for a lawyer so we're at the mercy of the public defender. Any guidance anyone could give here would be so very much appreciated.
Broken-hearted mother in CA
Submitted: 8 months ago.
Category: Criminal Law
Customer: replied 8 months ago.
Just looked online and found his court info and found arraignment date scheduled for Tues (4/12). These are the
case/charge info: 1203.2(A) PC PROB VIOL:REAREST/REVOKE
23153(A) VC DUI:ALC/DRUG:RSLT:BOD INJ
23560 VC DUI W/MORE THAN 1 PRIOR
23558 VC INJURE MORE THAN ONE PERSONHis prior arrest was a misdemeanor when he was 18 for DUI and served all of this time and did all of the classes. Again, not making excuses but believe he needs help and not jail. Just want to have his rights honored and not just another damaged individual serving time versus seeking the help he needs.
Expert:  Zoey_ JD replied 8 months ago.
Hello, As he has a public defender, have you,spoken to him or her?
Expert:  Zoey_ JD replied 8 months ago.
I was hoping to hear back from you before typing an answer, but I'll take on your concerns. Isn't it supposed to be 72hrs for arraignment? He wasn't arrested for a new offense. Probation has lodged a violation and appear to be seeking to revoke him. I am preparing to leave for a job in the next 20-30 days in Washington State and would like to see if I can transfer his probation there. Do you think it's possible he has a chance? If he's violated the terms of his probation, he's not eligible for a mandatory transfer. That means for another type of transfer, he would need the permission of his probation officer in order to be able to transfer. If probation wishes to wash their hands of him and not work with him any more, and if he is resentenced to jail on these charges, there's no possible way he will be able to transfer. What can I do to start this process? He's already got his court date set and he's got a lawyer. You should talk to the lawyer. If you have medical records that may help to establish a mental health issue, his lawyer may be able to do something with that. Letters attesting to his good character from you and other family and friends may also be helpful. The lawyer will tell you what would be useful to him under all of the facts and circumstances. Can I speak on his behalf in court offering to accept responsibility for the transfer? Unfortunately, only a lawyer can advocate in court for a defendant. And a parent can't accept his or her child's criminal responsibility. You can, however, write a letter to the judge and/or he may allow you to speak in court at his resentencing if your son's lawyer lets the judge know you'd like to make a statement. I'm not making excuses for him or that he didn't do wrong and should accept he made a mistake but really? I'm not in disagreement with you. However your son is a sentenced offender and probation is a sentence in lieu of jail. Any violation of probation triggers the possibility of revocation and resentencing. When a violation occurs, your son will be accorded a hearing. At that hearing, probation will make its recommendation and will let the court know if they still wish to work with your son or if they want to revoke his probation altogether. If they want to revoke, they will recoomend an alternative jail sentence for him. The judge has the power to overrule probation and even restore him to probation over Probation's objection. A judge will do that to prevent an injustice. So your son's lawyer can make an argument for something less restrictive than jail, such as more intensive supervision or even house arrest.

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