Ask Me Help Desk - Felony probation violation ca

My husband was violated for a probation violation a week ago. He's been on probation since 2007 and he only has 4 months left. He was violated for a DUI and for driving without a license. He ended up getting his permit but we don't have a car so taking the behind the wheel couldn't happen. He was driving a friends car when he got the DUI a month later. Its been two months since he got the second ticket and he's been going to AA and has a sponsor because he knows he screwed up. He was honest with his probation officer and when he had to fill out his monthly reports she knew about the DUI. Now all of sudden she says that she has no choice but to violate him even though he's trying to get his act together and now has a family and a baby on the way. ANd even though she knows he's in school and about to get a job with the school we go to. I lost my job and his is pretty much garunteed at the start of the semester. His PO set no bail for him so now he's sitting in jail for over a month waiting for a petition to violate his probation not even a trial. I can't take this stress being 6 months pregnant. I need to know what he's going to end up serving. Please help. (his felony offense was grand theft auto. And it was less then $200. He served 6 months and was sentenced to 4. and got out with 3 years of probation.) I need him out please help!

If you need him out you need a good criminal Attorney. I have no idea why it took so long to violate him but the fact is that he was on probation and the Court gave him that chance to straighten out. He didn't and he offended again.

Unfortunately "need" and "want" don't play big parts in sentencing and you need an Attorney if you are going to have any chance of keeping him out of jail.

The Court system is going to probably say that he was trusted once. Why should they put him on probation and trust him again?

His felony offense was grand theft auto

He seems to have a predeliction for drunk driving and driving other folk's cars.

He's going to be there for awhile regardless if he has 10 kids at home and you ready to deliver another one. You need to remember the law is what was broken repeatedly by him. That's probably why he's still in jail with no violation of probation hearing.

You will just have to calm down in the meantime about this or you could jeopardize your pregnancy.

How am I supposed to afford a criminal attorney when I just said in my posting that I lost my job?
Thanks for the negative replies that is exactly what I needed! Freaking not!

Quote:

Originally Posted by needmyhusband

How am i supposed to afford a criminal attorney when i just said in my posting that i lost my job?
thanks for the negative replies that is exactly what i needed! freaking not!

You can tell him to ask the court to appoint a public defender. However, there is a good chance that he will have to serve some or all of his sentence. Judges don't like it when people they probate drive drunk, endangering the lives of others on the roads.

Quote:

Originally Posted by needmyhusband

How am i supposed to afford a criminal attorney when i just said in my posting that i lost my job?
thanks for the negative replies that is exactly what i needed! freaking not!

If you only want people to tell you what you "need," then talk to your family and friends. I appreciate you're 6 months "prego" and upset. Maybe your husband should have thought of that before he got drunk and behind the wheel of a car.

By the way a family member of mine was killed by a drunk driver. Somebody should have taken him off the road.

I'd suggest that you look for assigned counsel or an Attorney at reduced cost - ask your family/friends about that option.

If you want to hear what the Law is and what could happen, post here.

Starting an argument with long-time members of this board is NOT a good way to start.

You and people like you "needmyhusband" is why we are the way we are, you see nothing wrong I guess with what your husband did, and of course he like most criminals are sorry now they got caught and want to try to stay out of jail.

Sadly DUI is not taken as serious as it needs to be in most states. Gladly some are making mandatory prison for 2nd and 3rd offences now aday.

So with that, the legal advice

It is common and normal that you don't get bail for a violation of probatoin, it is not even allowed in most places ( states) and even where allowed, they don't normally if they expect them to be sent back to prison.

He knew first he was not even suppose to be drinking on probation, ( normally) but most certainly not getting drunk, and he does it twice and drives. So just for that he should in many places go to prison for over a year.

But most likely he will get some prison time for the violation, that will run at the same time with any DUI time he may get.

My best guess is at least a year in prison.

And sorry you can't afford an attorney, but he can't affored not to have one.

That one fact , an attorney can make the difference of walking out of jail in one month or in one year.