The National Trial Lawyers AIOCLA 2015 10 Best NAFDD 2nd Consecutive Year DUI Attorney


Question: ”Four years ago, I was sentenced to 36 months of probation, community service, 20 days in jail, plus $1,100 in court fines. A week later, I violated my summary probation, for a DUI hit and run. I left the state for four years. Now, I would like to return to California, and take care of my warrants. Am I facing jail time? Someone told me I am facing four years for the violation and one year for the DUI hit and run.”

Answer:  in regards to whether you are facing jail time, the answer is “yes,” at least on the probation violation. The amount of time is variable, but far less than four years. With respect to your open case, it could be a year or more, depending on what was actually charged against you. However, more information would be needed before a more definitive answer could be given. I would suggest you contact an experienced criminal defense attorney who is local to the court where your matters are pending, and further, who has handled these types of matters before, as not only will they present you with options as to your open case, but they may have a better idea as to what the specific judge has done in terms of sentencing on these types of violations in the past.

Question: ”I was ordered to do community service. I was given dates to return, to show proof of completion. I haven’t completed my community service. Can I request an extension?”

Answer: Whether or not an extension will be granted depends on the specifics of your case. For instance, what was the original conviction for?  Was it a felony or misdemeanor conviction? Aside from not completing the community service hours, how have you performed on probation? Have you completed any of the obligation? Finally, which courthouse are you in, as different judges within the county will treat this request differently.  In some instances, it is best to request the extension prior to the due date by having your case advanced and placed on calendar.