Probation Violation on a Fourth Time DUI! Defendant Failed to Comply With Any Condition of Probation! Probation Revoked and Reinstated Without any Jail or Prison Time Imposed!

Our office was recently retained to represent a client who had an outstanding bench warrant from a Felony fourth time DUI charge from September of 2014. Our client had originally pled guilty with the assistance of a different attorney to a fourth time DUI in 2014 and was placed on five years of formal probation on the condition that he serve 170 days in the county jail (credit for time served), complete a 30-month multiple offender alcohol counseling program, and complete a one year residential treatment program.

After his release from custody in 2014, our client never reported for probation supervision, did not enroll in residential treatment, and did not enroll or complete the alcohol education program. Further, our client owed over $6,000 in financial obligations to the court relating to this offense. A bench warrant was issued in 2016 based on our client’s non-compliance with the terms of his probationary grant.

Once retained, our office began representation by determining what obligations our client owed to the court as a result of his offense. We determined that because this was a fourth time DUI offense in which our client failed to comply with a single condition of his sentence for over five years, it was likely that the court would sentence him to state prison for the probation violations. To put our client in the best position to avoid jail or prison time, we counseled our client to enroll in SCRAM electronic monitoring, to enroll in and begin completing the SB-38 multiple offender alcohol program, to attend Alcoholics Anonymous meetings at least three times a week, and to find an outpatient alcohol treatment program to participate in.

The Probation Department was ordered to produce a report on the status of our client’s matter. The probation department reaffirmed that our client had failed to comply with the requirements of his sentence but did note that our client had not picked up any new offenses since this matter.

At the probation violation hearing, the court reviewed the documentation we provided showing that our client had enrolled in SCRAM electronic monitoring, had enrolled in the alcohol program and was completing AA classes. The Court revoked and reinstated our client’s probation under the condition that he complete 6 months of SCRAM electronic monitoring, that he complete the alcohol program, and pick up no new offenses. No jail! No state prison!

This is an outstanding result for our client who was facing likely state prison time!

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