Articles Posted in Probation Violations




One set of facts, or incident, can give rise to an innumerable amount of charges. Many people believe that it will be one charge, with additional consequences. That is not the case. If you have been stopped for suspicion of driving under the influence, you could potentially also be charged with a probation violation, if you were on probation at the time.

The best way to understand this concept is through a detailed example.

Some time last year, Don was driving home from a friend’s birthday party. He had have a few drinks and was stopped for suspicion of driving under the influence of alcohol. Don was very stressed out about his case, and did not have a lot of money to spend on a lawyer. On his arraignment date, the prosecutor offered to conclude Don’s case that day if he pled guilty. They offered him no jail time, just a fine, and three years of probation. Don immediately took the deal. He wanted his case to be over with so he could move on and stop worrying about it.

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If you have been arrested for suspicion of DUI then chances are, you received a citation from the arresting officer with a date. This date is your arraignment date, and you must appear on or before that date in the Court specified. This will start your legal case.

Oftentimes when you appear in court on that date, you will find that the Prosecutor has not filed your case. This does not necessarily mean that they have dismissed the charges against you. The Prosecutor has a year to file the charges and bring a case against you, and it may be that they have not gotten around to doing it yet due to the overwhelming caseload. If that is the case, they will give you written proof that you upheld you obligation and appeared in court and they will then mail you out a letter giving you a new date. In some instances, the case may have been dismissed and the Prosecutor may have decided not to bring charges.

When, and if, you appear in Court, thatsfirst hearing is referred to as the Arraignment. At the arraignment, the Judge will inform you of your rights, the charges against you, the potential sentence and will ask if you would like to enter a plea.

If you have been stopped under suspicion of driving under the influence after you have already been convicted for a previous DUI, your consequences significantly increase.

A second DUI conviction carries with it mandatory jail time and enhanced fees, as well as probation. It is a very serious charge the first time around, but is increasingly significant the second time.

If you had a Los Angeles Criminal Defense attorney represent you on the first DUI case, you understand how important and helpful it is to seek the guidance of a legal expert. You will also understand that a second charge is not worth the risk of representing yourself, since you may be facing jail time.





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