Will I have to serve jail time for a probaton violation?

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Will I have to serve jail time for a probaton violation?

In 2007, I was arrested for a DUI. I pleaded no contest and had to pay a fine, which I did. Recently I found out that there is a bench warrant out for me because I had forgotten to take the assigned class. However, there were a lot of circumstances preventing me from doing it at the time: I had to move back to another part of the state because my grandmother needed assistance (congestive heart failure), and shortly after my father was diagnosed with brain cancer and passed away a few months later. If I were to get an attorney and confront the issue, would I have to serve jail time?

Asked on April 22, 2011 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer is possibly.  It depends on all of the circumstances of the case, as well as the disposition of the presiding judge, and just how effective your legal counsel is.  Right now you need to consult with a DUI attorney.  The fact is that you have a probation violation so you will have to not only deal with the warrant but the underlying charge.  Your best bet is to seek a lawyer counsel in the area where this all occurred ASAP.  A skilled and experienced attorney that specializes in DUI cases will have contacts with the local court and can best utilize them to your fullest advantage.


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