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My husband (currently separated) has a DUI/refusal from 2012. He didn't complete community service in time and ended up getting sentenced to serve 13 days' jail time. After getting a few postponements, his surrender date was last Friday. He did not go. He is dealing with some physical/mental issues and was in the hospital last week again. He is seeing a neurologist and an MRI found a cyst/mass on his brain, which the doctor thinks could be contributing to his problems. I don't feel like he's in a fit state to go to jail right now. Do we have any options or should he just turn himself in even though the surrender date has passed? Would a letter from his doctor help?
Obviously all circumstances are different. I would contact the attorney that helped negotiate the plea deal, and let...
I got sentenced for a first-time DUI in Monterey County (Salinas jail). The sentence is 13 days. Any idea how much actual time I'll do?
You will do half of that which is 7 days. The Salinas jail is so full you could get out sooner but no one can predict...
My husband has a jail sentence (13 days) for a first-time DUI offense. He didn't finish his work alternative program in time (he works for himself and found it very hard to fit in time at the facility he volunteered with). Anyway, the reason he got sentenced to jail is it was a refusal. He is from UK and stupidly thought you could refuse a test here. Anyway - his surrender date is this Friday. He is currently undergoing tests because last week he had an abnormal CT scan. They believe he had a stroke and possibly has a cyst/brain tumor. He is awaiting authorization from our insurance company to proceed with an MRI to find out what's going on. I'm nervous about him being in jail for 13 days while this is ongoing, because he seems to be getting worse. Anything we can do?
Go to clerk and get your case put on calendar ASAP . Have your husband explain situation to judge. A new date should...
I have a 6 year suspended sentence for residential burglary in California. Per our agreement, I was to complete the Delancey Street Foundation. I left, and and am now on the run. My conditional release from custody was in August 2013. Basically, how long will it take for the authorities to stop looking for me? Will it ever go away? Thank you.
Bench warrants do not expire. If you are stopped by the police and your name is run, the warrant will most likely show...
Does a DUI program need proof that a participant is under the influence prior to expelling them? Can one demand a chemical test?
The answer is pretty simple: 1) yes, a DUI can expell someone who's under the influence and 2) you can protect yourself...
My husband has a misdemeanor DUI/refusal case, first time. He runs his own business (no excuse) and didn't complete the 80 hours of community service in time, after two extensions (we live out of town, so by the time we got the short extensions he had already lost a week). Anyway, his latest request was just rejected, and he has a surrender date of 11/29. Our questions are: 1) Can we put in a sentence modification request asking to move his surrender date to 12/21 (only 3 weeks later)? The requests take 3-4 weeks to process, so would a warrant be issued if he doesn't show up on 11/29? Or would the probation dept. know we had a request pending? 2) Can we ask the court to move his sentence here (to Los Angeles)? 3) Would it be worth retaining a lawyer at this point?
If your husband had an attorney when he entered his guilty plea or was convicted at trial, he should ask these...
I have a DUI/refusal case and don't currently have an attorney (I had one but it's a long story). I failed to complete my work alternative program in time and now have a jail surrender date. Would it be worth paying an attorney to get the date moved back a few weeks, or would I be wasting my time/money? Thanks.
Did you already sort out your probation violation or is it pending? If that's done a lawyer can advance a case and ask...