Can a lawyer help with DUI probation violations? 11 Answers as of October 03, 2010

My son was sentenced to community service for missing several DUI classes. There is a disagreement about how many he actually missed. And he had viable excuses for missing several, because of family matters and overtime work. He still has not completed all of the community service because of work obligations. He has to go in front of a judge soon, can a lawyer please help clean this probation mess up?

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Hale Law Group
Hale Law Group | Joshua D. Hale
A lawyer may be able to help.
Answer Applies to: California
Replied: 10/3/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Yes, of course an attorney can help getting him reinstated on probation.
Answer Applies to: California
Replied: 9/29/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Of course. In fact, it is never wise to appear before the Judge by yourself, because then the Judge has the option of taking your son directly into custody. Since most DUIs are misdemeanors, a lawyer can appear in front of the Judge without your son even being there. If he's not there, then the Judge obviously can't take him in, at least not right then and there. Moreover, a lawyer knows how to explain the situation, so it doesn't sound like "excuses," which Judges hate.
Answer Applies to: California
Replied: 9/28/2010
V U.S.A. Law Offices
V U.S.A. Law Offices | Michael Vu
With probation, there is not much that can be done other than ensure that the probationer comply with the terms of probation. An attorney generally can seek more time for a client to complete the terms of probation, unless he has strong affirmative defenses that could be raised. However, based on the information provided, it appears that he missed the required community service because of his personal scheduling, and there are really no affirmative defenses here.
Answer Applies to: California
Replied: 9/28/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
He should contact a lawyer immediately and not place his job in jeopardy. Feel free to contact me for more information.
Answer Applies to: California
Replied: 9/28/2010
    Desert Defenders
    Desert Defenders | John Jimenez
    This is a common situation for many working people that can be handled by an experienced criminal defense attorney. Your son should definitely retain counsel before he goes into court.
    Answer Applies to: California
    Replied: 9/28/2010
    Law Offices of Juan Dotson
    Law Offices of Juan Dotson | Juan Dotson
    Yes, skilled trial attorneys are experts at painting a picture based on a theme (family illnesses, responsibilities, etc) for judges and juries. From what you have posted, none of those excuses alone are good defenses to violating probation. Starting NOW, your son should do some community service hours even if he has to take a sick day from work. I always tell clients that your boss can't throw you in jail for not doing something, but the person in the black robe will.
    Answer Applies to: California
    Replied: 9/28/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    Yes, an attorney can assist in probation violations. A defendant has the right to a hearing to determine if your son in fact was in violation of his probation. Since your son is looking at a potentially second probation violation for not completing the community service it is important that you speak to an attorney to assist you. It is highly important to ask for an extension to complete the community service rather than showing up to court with the community service not being completed.
    Answer Applies to: California
    Replied: 9/28/2010
    The Law Office of Denis White
    The Law Office of Denis White | Denis Hurley White Jr.
    A lawyer might be able to help you organize your defense and present it to the judge.
    Answer Applies to: California
    Replied: 9/28/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes, an attorney can assist in probation violations. A defendant has the right to a hearing to determine if your son in fact was in violation of his probation. Since your son is looking at a potentially second probation violation for not completing the community service it is important that you speak to an attorney to assist you. It is highly important to ask for an extension to complete the community service rather than showing up to court with the community service not being completed.
    Answer Applies to: California
    Replied: 9/28/2010
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