Legal Question in DUI Law in California

I was charged with a felony for a using someone elses credit card. I was told it was 3 years prison but accepted a 120 days in county jail (i guess thats called a suspended sentence?). After I served my 120 days within 2 months i got a dui so that violated my felony probation. within 2 days I went into treatment, i had my arraignment and got to stay out on OR, I have a court date for the DUI and another court date for the violation of felony probation, im continuing my AA classes everyday, I have also written a letter to my probation officer telling her of my addiction and willingness to stay in my recovery,

What is the possibility of me going to prison? I have no priors.


Asked on 1/17/10, 2:53 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

When a defendant violates felony probation, there is always a possibility of going to prison. Whether the judge give you another chance on probation depends on far too many factors to list, so your lawyer, who should have complete information about the case, is in a much better position to tell you what may happen.

You definitely helped the situation by getting into treatment and continuing to be involved in 12-Step meetings. (Don't call the AA meetings "classes"; judges who are familiar with 12 step programs will notice the difference and may question your commitment if you use the wrong term.)

From what you've posted, I can't tell whether you have a suspended sentence or not. There are two ways of putting a person on felony probation: by suspending imposition of sentence, where the judge says "Stay out of trouble, and we'll decide about a potential prison term if you screw up," and suspended execution of sentence, where the judge sets a prison term but still gives you a shot at probation.

From your standpoint, suspending imposition of sentence is far better. When a judge imposes sentence but suspends execution, it's often a signal that you may be headed to prison if you violate, and it means an eligible felony can never be reduced to a misdemeanor.

Felonies that can be reduced to misdemeanors are commonly known as "wobblers." Most felonies that would fit your offense are wobblers.

You need a lawyer to help you with this process. If you can't afford to hire one, the judge will appoint the public defender at your arraignment.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/22/10, 4:39 pm


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