Have Legal Questions? Ask a Lawyer Now.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Are you on probation?
What exactly was your sentence?
The DUI was put on supervision and I am afraid that if I don't meet the requirements on time it will turn into a convinction.
If you were put on supervision why is that not probation?
I am wanting to make sure we are using teh same terminology.
Because I don't have to report to anybody, it was treated as a traffic violation. Plead guilty follow supervision guildlines and haven o conviction. But I haven't made all my payments and my paperwork is still not there from my classes. The terminationda te is the 28th of June.
Did they use the phrase pretrial diversion or deferred adjudication?
No after my court date there has been no contact between me and the courts regarding the DUI.
Typically if you have conditions to meet as a part of the sentence and you fail to meet those conditions then the sentence/offer is withdrawn and you can receive a conviction and a different sentence. I can't tell for sure without examining your actual written judgment but that is usually the way it works because otherwise they have no way of enforcing your requirements.
Did you take the DUI classes?
Yes they are finished
So all you need to do is pay off the amount and send in the paperwork?
Yes but in the judgement it is saying 90 days prior to the termination date they need these things.
I have 3 business days
That is to allow the DA enough time to file any paperwork. Did you have a lawyer? And do you have the money to pay now?
Not enough money and my lawyer isn't answering but I needed to not worry and see my options.
If you had the money now the DA would likely just accept it and not object. Were there other conditions you had to fulfill other than classes and the money?
No nothing just stay out of trouble and I have had absolutely zero viloations in the last year.
How much extra time are you going to need to get the money together?
I need a payment plan or some kind of hardship. I have outstanding expenses from my special needs child.
But how much time?
The website is showing you exited so I will post and then exit to assist others.
Generally, courts do not like to revoke a deal and hand down a new sentence just because someone couldn't pay their money and especially if it is because they have extra expenses such as you are facing.
The court is almost certainly going to be willing to extend the time required for you to pay but you are going to have to give them a specific time.
You should go ahead and have your DUI class paperwork filed so they know you took the class and then contact the lawyer to get the time extended to pay.
Okay do I need to have a court date before the termination date or no?
No, they (the DA) just has to file the motion to extend before the termination date.
How long does that take?
The DA can file it in a few minutes. If they don't file it then the amount you owe just gets entered as a judgment against you.
A judgement means?
No, they have to take you back to court to get it entered as a conviction. If they don't then it just goes on your credit report and they can try to collect.
Okay so it looks like I'll be okay if I just handle what I can before the termination date.
Correct. You should be okay but get the paperwork on the DUI class filed ASAP.
Okay thank you very much.