my fiance was on house arrest which is a felony and was in an accident involving no other vehicles. he hit the curb his dad went to hospital on their terms and now they are charging him with a felony dui because his dad was taken to hospital. his dad was discharged from hospital with no bodily injuries whats gona happen to my fiance
Country relating to Question: United States
State (if USA): California
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Good morning. Did your fiance have permission to leave the home? If not, why did he if he was on house arrested?
Hi Tyechia. Just wanted to see if you had a chance to respond to my information request.
yes he did he was supposed to be back home by 6 he was in a hurry lost control of the car an hit a curb.they charged him with a felony dui with bodily injuries and a dui so he has court july 26th so they r keeping him until then the DA didnt drop the charges he didnt file yet either so we will know if he gets realeased on his court date.. what do you think?
What was he on house arrest for?
2 years ago he ran from the cops on new years and they arrested him for obstruction of justice. HE DID not get a dui that day though. he has court on july 26th and they are gona combine the new charge which is the felony dui with bodily injury and the violation of probation on that same court date. they also said that he can submit a request to be put back on house arrest. If they approve he could probly be released that day. I really hope so. What do you think? pleaseee help
I certainly understand your concern. If he was on probation and picked up a new charge, he would be in violation of his probation. Once his probation officer finds out, they will likely violate him, have a warrant issued for his arrest and hold him in jail. Moreover, he will have to answer to the new charge as well and the VOP. They only way they will be combined, is if he resolves both cases at the same time. Defendants also do this, if it is in their best interest, based upon a plea deal that can be worked out with the State, paired with no valid legal defenses to present. While he can certainly ask to be placed back on house arrest and have his probation reinstated, it is highly unlikely for a felony DUI w/ bodily injury, that this is going to happen. However, it is possible that the attorney can get the charge amended to a misdemeanor DUI, if his father did not suffer any bodily injury. If so, this would be better for his case and a chance to stay on house arrest, but it will be an up hill battle. He may want to fight the DUI case. If he does this and wins, he would still have to answer to the VOP, which has a much lower burden, so he could lose that, have his probation revoked and be sent to jail/prison. An attorney needs to look over the facts of the case and see what defenses he may have and the best way to handle this. It is possible that he may be held in jail, until this is resolved. I know this is not what you want to hear but I would rather be up front and honest with you rather then mislead you.
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so do you honestly think he will or will not get released on july 26th when he goes to court? we have a wedding coming up august 19th invitations already sent out venues already paid for, would he possibly be able to state that to his public defender?
Its at the discretion of the Judge, who has the final say. The Judge can either reinstate his bond or keep it revoked. He can certainly bring the issue up with his attorney, who can use that as a mitigating factor for his release, but there is no guarantee. Thank you for allowing me to answer your questions. If you have nothing further, please rate my help with 3, ,4 or 5 faces/stars, so I can get credit.
i give you 5 stars. you have been so much help thanks so much
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