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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27615
Experience:  10+ years defending Misdemeanor and Felony cases.
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My husband is in some serious trouble, what should I expect.

Customer Question

My husband is in some serious trouble, what should I expect. He has 5 driving suspended charges, 5 no insurance charges,5 No registration charges 5 misuse of plates charges, a larceny 6th,5th,3rd,2nd degree, V.O.P, 2 D.W.I, Theft of plates, 2 F.T.A, and just got arrested again while all these charges are pending for NO license, no insurance, and misuse of plates. He was sentenced on 01/31/2015 one year suspended and Probation for a year. He started get arrested again on 2/3/2015. All these charges have happen after he was sentenced. Luckily he was given a promise to appear on all these arrests. HE is being arraigned on 7/9/2015.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. Do you mean he is being arranged on 7/9/16? Also, if he was on probation, did his probation officer ever find out about all these? In addition, what is the basis for the suspensions? Were some related to the DWI?

Customer: replied 1 year ago.
There were to DWI while suspended. HE was on probation for DUI 2nd offense. YEs he is being arraigned on 07/09/2016 for driving suspended, no insurance, no registration, misuse of plates. On 06/02/2016 he was suppose to go to court and get sentenced for theft of plates and some other charges that happen before he was put on probation. All the driving charges happened after he got sentenced on 01/31/2015. They postponed the court date on the 1st of June and I'm thinking it was because he got arrested again on 5/27/2016. The plea deal he was agreeing to was 4 years suspended after serving 18 months and 5 years probation. Yes his P.O knows about the arrest and he was arrested for V.O.P. Back in April of 2015
Expert:  CrimDefense replied 1 year ago.

Thank you. Allow me a moment

Customer: replied 1 year ago.
I sent you a copy of all the charges
Expert:  CrimDefense replied 1 year ago.

I am shocked he was released on a promise to appear and by now, that the State has not sought to revoke his release and hold him with no bond and that his PO has yet to violate him again. The reason why I say this is because he is continuing to commit criminal offenses and when a defendant has other open charges, the State wants to hold him, since he becomes a threat or possible danger to society. In this situation, the fact that the suspensions were from a DWI, is not very good. When a person gets caught driving on a DWI suspension, the State typically seeks jail time. In addition, he is on probation and if he picked up new charges while on probation, it would be a violation and the his probation could be revoked and he would could serve time as a result of that as well. Moreover, he has the new, additional charges that he has to answer to, so unless he has defenses and/or wants to fight this, it may be best to try and consolidate everything and work out a plea deal that runs everything concurrent. If there was previously a plea deal in place, it is unlikely that it will still be offered, since he now has new charges, so the State is likely to want more time and could seek 24 months or more, along with the probation following release. At the arrangement, the State may even consider asking a bond be set or he be taken into custody and held

Customer: replied 1 year ago.
I am assuming that as well. I have a strong feeling that the Judge told him to stay out of trouble. He asked for a couple weeks before he went to jail. HIs first offer from the state was to serve 5 years suspended after 4years in jail. He already had 1 year suspended on his probation he violated.
Expert:  CrimDefense replied 1 year ago.

Yes, if he asked for time before going to jail and picked up new charges, the State and the Judge are not going to be happy. They may go back now and seek to original sentence offered, since he continued to do things which he was ready to be sentenced on and did not learn his lesson. I know this was not what you were hoping to hear but I do have an obligation to be upfront and honest with you. Please let me know if there is anything else, as I would be happy to respond. If not, please just remember to rate my help at the top at this time, so the site will give me credit for my answer.

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