Probation Violation- Public Intox...

[Tylerhb]

What is the name of your state (only U.S. law)? CA

First off, I want to say I know I have a drinking problem.
I am 31 years old and am on Probation for my second DUI three years ago (1st dui was 8 years ago) and a Public intoxication 2 years ago. Both in which are informal Probation.
I didn’t drink for 18 months (worked AA), and felt like I was cured! (I know the alcoholic mind). Well I just recently just got another Public Intoxication and noticed I Have two probation Violations and the Public Intoxication on Calendar.

My real question is what am I looking at for a punishment? Would you say this might be some jail time? If so, how much?

Thank you for all the help
Tyler (OC, CA)

[JETX]

Originally Posted by Tylerhb

My real question is what am I looking at for a punishment? Would you say this might be some jail time? If so, how much?

No one can guess... and the FA crystal ball is in the shop. Hopefully, the court will revoke your probation(s) for your conduct and put you in jail.

[CourtClerk]

Originally Posted by JETX

No one can guess... and the FA crystal ball is in the shop.

Come on Jet, I thought we resolved this already. It's not in the shop. When it got out, we laid it off. Recession.

[garrula lingua]

OP:
It depends on the Judge and whether the jail is overcrowded at the time you are before the court (which depends on your county).

The common minimum (in L.A. county) was 30 days jail for a probation violation. They may roll them all together and give you 60 for all three pvs.

You might consider checking into either an inpatient alcohol program (expensive) as a potential alternative to jail. Salvation Army ran an excellent live-in program (first 30 days lock-down, then help around the premises & must find a job; lasts six months).
There are some out-patient programs you should check into - possibly an evening class; a Judge might accept such a program, if it has a good success rate. You might check with your insurance carrier to see if they would cover any expenses.

What you need is an atty who is a good negotiator. S/he should be adaptable enough to offer whatever alternative to jail will be acceptable to the Court, depending on the proposed punishment. You are not in a position to negotiate, as PI is easy to prove & hard to defend, and PVs have a lower standard of proof than beyond a reasonable doubt. It is unlikely you would beat the PI or the PVs.
Some PDs are excellent negotiators in these situations, but they don't have the time to locate a bed, id an acceptable program & arrange enrollment. In a rural county, the PD may speak with you before your court appearance and give some guidance.

When/if you're in front of the Judge, emphasize that you know you have a drinking problem and are working on it, show your remorse, and assure the Judge you would never think of driving again, after drinking(would you?).

Try to locate an alcohol program - something with substance. If you're enrolled and have already begun before you go to Court, sometimes the Judge won't want to stop a program which appears to be working.

Whatever happens in Court, a program can only help you.
BTW, on what exact date were you sentenced on the DUI ?
Probation is usually 36 months and that probation may have expired by the time you go to court (unless that Judge has already revoked probation, but that would be unusual to work a misdemeanor that thoroughly).

PS: everything depends on the Judge. Public Intox is usually a throw-away charge (time served). Your problem is really the PV on the DUI & how strict that Judge is regarding DUIs.

[Tylerhb]

garrula lingua:

My lawyer that i would use, is on vacation for the next two weeks. When i go to court, is there a possiblilty that they will take me in right then? or would they let me on my own recogniscence? until i got a lawyer or public defender?

i know there is no excuse for what i did (Public intoxication), but i got laid-off my job at the time and started to drink again. i just started a new job (2 weeks ago) and dont want to tell my new employer about the situation. But if there is a chance they might put me in jail, im thinking i should say something.

How do they decide on if they bring you into jail? and if they do put me in, do i have an oppurtunity to bail myself out that day? Do they set bail on informal probation violations?

Once again Thanks for all your help.

p.s.- i am located in Orange County, CA

[Tylerhb]

garrula lingua:

Fro the DUI, i am on 5 years informal probation, so i am still on it.

and I did Jail time for that DUI...

What is the maximum amount of time for a Informal Probation Violation?

Thanks for the help....

[BL]

Try setting up a date to enter for long term rehab . program . Find one on a sliding scale fee . My guess is you'll lose your job because of it . Public Assistance might pick up the tab.( ).

Show the court proof of your entry date , otherwise ,I see you doing more time .

Oh if you have a good relationship with your PO , run this by him/her .

Some will even help you along .

[Tylerhb]

BL:

I dont have a PO, i am on informal probation.