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: ”My friend was responsible for a first time DUI with injuries; specifically the injured person suffered broken ribs. On the inmate information site, it says my friend has priors, I am certain this is a mistake. What can we expect the outcome to be?”
Answer: You should contact local, experienced counsel. There can be enhancements for causing great bodily injury in this scenario, and further, as it appears there may be prior convictions that you are unaware of, each prior charge further complicates things. Is he or she on probation? If so, this conduct will result in a violation of the same, and will serve to add additional custody time to his/her exposure.
Question: ”I was recently pulled over, blew 0.18%, and released the next day. I am about to get hired for a new job next week. How long does it take for a DUI to show on your record/background check? Will it show up right away, or after you go to court?”
Answer: The DUI will not be visible as a conviction on your record, as you have not suffered a conviction. With respect to an open case, it is very unlikely that the district attorney has even received a report to review for filing yet. However, depending on the scope of the background check, if there in one pending, the may be visible already. Consult with an experienced DUI defense attorney, as proceeding with a public defender will not help you in dealing with your driver license issues. Remember, with respect to setting a DMV hearing, time is of the essence, and it must be requested within 10 days of your arrest.
Question: ”My husband is in jail for battery, corp injury to spouse & DUI. He has a prior DUI. What’s he looking at sentencing wise?”
Answer: It’s difficult to speculate what may happen without knowing whether any enhancements were alleged in addition to the charges you mentioned. Regardless of sentencing exposure, you should communicate with the attorney who is currently representing him to determine the route to an ideal disposition.