THIRD Offense DUI in Virginia, Suspended license, currently on probation and parole

[rocketqueen]

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

 

[rocketqueen]

Here are the known facts of this case:

- He just had his third DWI in Virginia. This was within 5 years of the past DWI, which I am aware requires a MANDATORY six months MINIMUM sentence already.
- He is currently on parole for a drug posession charge.
- He is currently on probation as he awaits trial for a different, unrelated case (Larceny).
- Blood alcohol count was over four times the legal limit at the time of arrest.
- Potentially in violation of both parole and probation (that requires drug testing) as he tested positive for heroin, prescription drugs not belonging to him, and alcohol.
-This DWI occured on a license already suspended for a prior DWI.



Here are my questions:

- Aside from the six month term REQUIRED of him by court, what sort of time can he expect, regarding the parole/probation violations, and driving on the suspended license?
- Is he likely to be considered a 'habitual offender', as he has had so many run-ins with the law?
- Is the fact that his BAC was so high (four times the legal limit) going to make the penalty likely to be more severe?
- Is he likely to be able to get some sort of drug program or court mandated rehabilitation, as he is a drug addict and not a violent offender?
- What sort of penalties are likely for the parole/probation violations alone?



That being said, I understand that these are just guesses, and that his actual case has yet to be determined when he goes to court. But I was wondering, what sort of time/penalties is he likely to be looking at, given these circumstances?

 

[aldaron]

Whoever needs a lawyer and hopefully all this is in the same court, get a lawyer with experience like a former ADA who knows the ropes. Those are some serious charges and you know parole is over correct.

 

[rocketqueen]

Whoever needs a lawyer and hopefully all this is in the same court, get a lawyer with experience like a former ADA who knows the ropes. Those are some serious charges and you know parole is over correct.

Aldaron,

1. The charges are not all in the same court. The drug possession (what the parole is for), from before, was in one jurisdiction, and the larceny (which is what the probation is for) , and then the DWI have occurred in another district. Each of the prior DUIs occurred in separate counties as well. So these charges come from four different courts.
2. He still has one more year to go for parole, I am not sure what you mean.

Do you know what kind of time/charges he may be looking at? I already know the mandatory minimum fines and sentencing, but due to his background, I am not so certain the court will be lenient. I am not in the position to get this person a lawyer, and he is being represented by a court appointed attorney.

 

[aldaron]

He violated his parole by comitting another crime, being that the charges are in 2 jurisdictions its going to be harder to get a package deal in a single plea. Best advice is to get a lawyer with experience with criminal matters and PRAY.

 

[rocketqueen]

Okay, I see. Thank you for clearing that up; I was not aware of how parole worked.

So is it possible he could be looking at one year? Five years? As I said, I cannot get him a lawyer, and he has a court appointed lawyer.

Thank you for your help. And I will most definitely pray...

 

[aldaron]

Parole will be handled by VDC not a court, if the larceny case and the current DUI case are in the same jurisdiction its better for your friend and can be dealt with simultaneously and sentences can run concurrently and thats a good thing. Prior DUI conviction jurisdictions do not matter they only count in the severity of punishment of the current DUI charge.

 

[FlyingRon]

Virgina DOC probation/parole conditions include both prohibitions on committing other crimes and drinking to an excessive amount. He can count on being violated.

What state is he on parole from? Virginia did away with Parole over a decade ago.