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my husband is on probation from a dui and violation of probation

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last year he just got...
my husband is on probation from a dui and violation of probation last year he just got arrested today for driving without a license and reckless driving which are misdemeanors. Will he serve time? If so how much?
Submitted: 4 years ago.Category: Criminal Law
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10/4/2013
Criminal Lawyer: Jack R., Lawyer replied 4 years ago
Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6,147
Experience: OHIO//Texas Attorney Civil/Crimnal Practice
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Thank you for choosing Just Answer. My name is Jack and I will assist you.

 

I need a little more information. What State do you live in ?

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Customer reply replied 4 years ago


california

Customer reply replied 4 years ago


california

Customer reply replied 4 years ago


are you there

Criminal Lawyer: Jack R., Lawyer replied 4 years ago

Sorry for the delay.

 

For violation of the probation there are many possibilities. The judge can revoke the probation and order that the full sentence be carried out immediately. The judge has the ability to revoke probation and sentence the offender to the maximum punishment allowed by law for the underlying offense.

 

The judge can continue the existing probation or extend the probation as punishment for violating the probation. Given that this would be the second violation of probation the judge might not be inclined to simply reinstitute the probation.

 

Your husband should get an attorney to advocate for him before the Judge. Violating probation multiple times can have serious consequences

 

 

Please accept this answer with a rating of 3 or higher so I can credit for my work. If you have further questions please ask.

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Customer reply replied 4 years ago


so even though they were misdemeanors he can still be in jail for the rest of his probation which is 2015? I also just found out that he has video court tomorrow

Customer reply replied 4 years ago


are you answering my other question

Criminal Lawyer: Jack R., Lawyer replied 4 years ago

Driving under suspension for DUI is a serious offense which can involve jail time and significant fines. A Court will not overlook this in deciding whether to adjust or revoke probation. The reckless driving traffic violation by itself would not be a problem absent the driving under suspension.

 

 

Please accept this answer with a rating of 3 or higher so I can credit for my work. If you have further questions please ask.

.

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Customer reply replied 4 years ago


he got the dui last year not today. Today he was arrested for the reckless driving and suspended license. They say reckless driving because he was making a uturn and where he did the u turn the lady in front of him almost hit him. He was driving after her to get her plate number and the cops saw him speeding. They have a site release for the reckless driving but hes on probation hold until his video court tomorrow. What are the chances of him getting out?Hes been doing good since last year hes been working and hasn't been in any trouble his fines are paid and dui class complete

Criminal Lawyer: Jack R., Lawyer replied 4 years ago

I can't really guess as to what his chances are. If he has counsel his chances are better. The problem here is that the driving under suspension also carries jail time as a possibility. A judge might order some time and probation. A lot of this depends on the judge and local custom.

 

Please accept this answer with a rating of 3 or higher so I can credit for my work. If you have further questions please ask.

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Customer reply replied 4 years ago


what is counsel? And as I stated, he didn't get arrested for the dui today. That was already done with last year. Today was the reckless driving because he was trying to catch up to the lady to get her plate number and the cops saw him speeding and he was driving without a license. I know its an automatic violation because he came in contact with police. But this time its a misdemeanor. And he already has video court tomorrow so soon so is there a chance he may get OR tomorrow or Monday?

Criminal Lawyer: Jack R., Lawyer replied 4 years ago

Counsel is an attorney. It is the driving without a license after a prior suspension for DUI that is a basis for jail time. The reason for the suspension being DUI makes the penalty worse. The Court could revoke the probation immediately if he pleads guilty.

 

Please accept this answer with a rating of 3 or higher so I can credit for my work. If you have further questions please ask.

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Customer reply replied 4 years ago

I just found out that Tuesday he has to appear in front of the probation board what happens with that? Is that good or bad

Customer reply replied 4 years ago


you didn't answer my other question. I asked what happens at a probation board because he has to go in front of one on tuesday

Customer reply replied 4 years ago


i paid all this money and no reply

Criminal Lawyer: Jack R., Lawyer replied 4 years ago

I cannot understand why you rated poor service your original question was

 

my husband is on probation from a dui and violation of probation last year he just got arrested today for driving without a license and reckless driving which are misdemeanors. Will he serve time? If so how much?

 

I answered that question. fully with multiple responses

 

You then asked an entirely different question almost an hour after my last response ( I had gone to sleep) about a probation board... and you rated poor service. I believe this was not fair.

 

As far as payment, as I stated repeatedly you must accept a response with a rating of 3 or higher before I get credit (payment).

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