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Time to Face DUI, Driving With a Suspended License and Violation of Probation

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  • 08-13-2009, 11:34 PM
    Mystikdame
    Time to Face DUI, Driving With a Suspended License and Violation of Probation
    I have made an appointment to handle my convictions and try to take responsibility for my actions. In doing so I am afraid of the consequences, being that I am a single mother and at this point, I am their sole provider.

    I received a DUI and pleaded guilty during my court appearance. Public defender was late that day so I was not able to receive any type of counseling. After I took my plea, he reviewed my case and told me the whole thing could have been dismissed based on various violations that happened during the time I was being held. Sentence was pretty basic, but was not taken care of.

    Two years after I was pulled over and received a citation for driving with a suspended license. I appeared in court and made arrangements for house arrest/elec. monitor. Due to an ongoing divorce procedure, my family became homeless and had to stay on a motel for a while. When I tried to pick up the monitoring device, I was not able because I did not have a permanent residence or telephone line. Now I have violation of probation for sure.

    I am afraid that because twice I did not comply with the sentences given to me by the court, I will be arrested on site. Though this terrifies me, I do not want to set that kind of example to my children so I talked to a police man and was given a date to appear in court.

    Is there anything that I can try to do to prepare? I considered writing a letter to the judge assigned to my case and try to explain the situation. Hiring an Atty. is not a possibility due to costs. What if anything can I do?
  • 08-14-2009, 07:19 AM
    Florida Deputy
    Re: Time to Face Dui, Driving W/Suspended Lic. and Violation of Probation - Californi
    Did they issue a warrant for the VOP yet? I would give your probation officer a call.
  • 08-14-2009, 11:45 AM
    Mystikdame
    Re: Time to Face Dui, Driving W/Suspended Lic. and Violation of Probation - Californi
    I am assuming that I have a violation of probation since I did not comply with the original sentence and later received a citation for driving on a suspended lic.
  • 08-19-2009, 11:32 PM
    usedbranflakes
    Re: Time to Face Dui, Driving W/Suspended Lic. and Violation of Probation - Californi
    If you had the $$ you could likely get the first case set aside and get a new trial based upon the PDs malpractice. This is tough as a recent DUI case had an attorney fall asleep and resulted in no cross and a conviction; the defendant wasn't able to get a trial de novo or even an appeal.

    What you should have done was tell the judge that your attorney from the PD office was not there. They would have either continued the case or sent for the PD. ...who would have likely continued the case.

    You need to speak with your attorney and your probation officer. You knew not to drive and you did it anyway. This resulted in "contact with law enforcement" which requires most folks to report it to their PO.
  • 08-20-2009, 07:56 AM
    aaron
    Re: Time to Face Dui, Driving W/Suspended Lic. and Violation of Probation - Californi
    It's not yet clear that the public defender was assigned to represent him, as opposed to merely being assigned to the courtroom to assist pro per defendants.

    I would love to hear more details on the case where the defense lawyer visibly fell asleep but where not even the client sitting next to him bothered to wake him up and the verdict was upheld.
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