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 reading all of the terms and conditions that was granted and on number 20, it read: term 20) term #20 is stricken by court. What does that mean?”
Answer: It means that when the terms and conditions of probation were imposed at your sentencing, #20 is not one of the terms imposed, even if it had been imposed previously, or recommended in a probation report. If you were placed on formal probation and want confirmation, discuss this issue with your probation officer.
Question: “I received two misdemeanors for shoplifting in 1969 and 1977. The judge mentioned after probation, he would seal and expunge my records. I do not wish to reveal this information on a citizenship application, when asked about moral character. Please advise.”
Answer: It’s unlikely, though, not impossible that your convictions would have been expunged on a judge’s own motion. However, and you’ll want to confirm this with an immigration attorney, generally speaking, expungements do not result in the same benefits to a non citizen. There are a host of other possible remedies to non-citizens who are seeking to clear records. For further information, contact an immigration attorney to confirm whether, despite the convictions possibly being expunged in the past, they still must be disclosed.
Question: ”I am on probation right now for a DUI, will I be able to teach someone to drive with a provisional instruction permit? Do I need full coverage insurance?”
Answer: Generally, the terms and conditions of probation state that you cannot drive unless properly licensed and insured. As such you would need insurance. With respect to your license, have your driving privileges been fully restored, or is your license restricted? If restricted, it’s unlikely that you will be able to instruct anyone else, unless it somehow fits into the scope of your employment. Without knowing your occupation, I cannot state whether this would apply to you or not. If your driving privileges have been have been fully restored, I would still require additional information from you before providing a more detailed answer.