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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28321
Experience:  10+ years defending Misdemeanor and Felony cases.
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i recently went to court for driving w suspended license on

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i recently went to court for driving w suspended license on that court date my license had been reinstated for a couple of months still the DA ask for jail time for 45 days when explained i would lose my job DA then ask for 10 days still no good for me i work full time m-f, support myself. My PD enrolled me in a program operation payback, well i broke my foot no work for over a month no health insurance and was just cleared by doctor to work on my foot weekends in the park w this payback program, my problem is i need to work weekends to survive to pay medical expenses and bills n addition i have a health condition n very sensitive to the sun is there any way i can just be fined not have to suffer 7 work days and risk my health?

Was the license suspended for a DUI or Drug conviction or simply for financial reasons?

Customer: replied 7 years ago.
financial only

The State Attorney should not be seeking jail time, if this was your first, second or even third offense, if you came to Court with a valid license. If anything, they should be offering supervised or unsupervised probation. Jail is normally only sought if the person has failed to fix the problem. You also need to be aware that if you are caught driving on a suspended license, 3 times within a 5 year period of time, you could be a habitual traffic offender and lose your license for 5 years. Your public defender should speak with the prosecutor and show them you have a valid license. Then, see if they will be willing to place you on mail in probation, just to make sure you are behaving. If they still seek jail time, you can try and plea open to the Court and allow the Judge to impose the sentence. You can explain to him everything you are going through and see if he will sentence you to something other then jail.

Customer: replied 7 years ago.
they are saying im a habitual offender i fall just short of or right on that 5 year n thats why they asked for jail time. what can i do now?
Sorry for the delay. Your attorney is going to need to work out a plea deal. He can try and get you placed on probation and to perform community service instead of jail time. If the State Attorney is unwilling to budge, you are going to have to plea open and let the Judge decide. The PD should know how the Judge handles these types of situations, since they are in the court room every day.
Customer: replied 7 years ago.
isn't the operation payback park wk ends picking up trash sort of a plea deal?

It is part of a plea deal but they could seek other punishments as well.

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