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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117368
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I got a DUI 2nd offense in . I just paid my last payment

Customer Question

I got a DUI 2nd offense in KY. I just paid my last payment on my fine today. The state accepted my plea Nov 3, 2015. The sentence was suppose to come with 7 days in jail, with credit for 1 day served. However my lawyer never brought up jail nor did the judge. To this day no one has brought it up and the clerks office has been in my file at least 3 times since Nov 3, 2015 giving me answers that ive needed. Can the Judge go back now and give me the time in jail or was it suppose to happen then? How does this work, could I get bit in the tail later?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The judge/court was supposed to give you notice of when to appear for any jail time. You need to check the judgment to see if the time has been "suspended." If the jail time was not suspended, then it is still supposed to have been served and you need to get your lawyer to get this corrected, because this was part of your lawyers duty as part of representing you in the case. If the court finds that the jail has not been served and it was supposed to have been served, they can order you back to court or issue a warrant to make you serve that time.