How long will it take for a court date to be set after a second DUI? 44 Answers as of June 16, 2011

In March 2011 my fiance was in a car accident while under the influence. He is on parole and because of the wreck he has a second dui. He has been in jail since March 30th and still no court date. He is wanting to just plea out, is it normal to take this long to get a court date? Is there somewhere where we can find what the penalty done for incidents like his? Thank you so much for your time, have a blessed day!

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
He should have been given a court date by now , you should contact the court to find out why no date yet.
Answer Applies to: New York
Replied: 6/16/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
His lawyer needs to contact his probation or parole officer to see what the state is looking to do. It may be possible to confess the revocation in exchange for a partial revocation. The new sentence could be run concurrently with the old one, and he could be placed back on parole. Alternatively, he could defend the new charge and challenge the revocation. However, there is a lower burden of proof on the state for the revocation than there is at trial, so negotiating a favorable deal may be what is in his best interest. Have his lawyer contact the probation officer, the DA, and the court clerk, in that order, to get the hearing set. Stay well.
Answer Applies to: Alabama
Replied: 6/15/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It can take from 2 days to 2 months, depending on the Court. For more information, please see my website.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
I don't know what state you live in but this seems to be very unusual to be in custody since late March and not have a court date. Not only unusual but illegal as well! Is is possible that he is being held on a parole violation? Have you asked his lawyer whats going on? If he doesn't have a lawyer, he really should get one asap!
Answer Applies to: Oregon
Replied: 6/14/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
This long of a delay is not typical. You should hire an experienced DUI attorney asap who can pressure the prosecutor to either offer a deal or to set a trial date. Penalties in CA for a 2nd DUI include: 3 to 5 years of probation, fines of up to $2800 or even more, 2 year suspension of drivers license, 18 months of DUI school, mandatory jail time of as much as 30 days (depending on the county and availability of work release).
Answer Applies to: California
Replied: 6/14/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You fiance may be in custody because he faces a parole violation regarding the DUI charge. The DA can charge a criminal offense at anytime within the statute of limitations which is five years. You will need to find out why he is still being held and for what case. If there is a parole hold on him, he would not be released until the parole violation has been resolved, even if the DA has not formally charged the DUI yet.
    Answer Applies to: Kansas
    Replied: 6/14/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Sometimes when the Defendant is in jail on a Parole Holt the D.A. will take his sweet time, figuring he'll be in jail anyway. It could be that he is waiting for someone injured in the wreck to complete treatment before he files.
    Answer Applies to: California
    Replied: 6/14/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    There is always a pending court date. His attorney must have waived time for some reason, to allow it to be extended out into the future. You can check the court clerk records to find the date if you cant get an answer from his attorney. This seems a little long, but remember he is likely on parole violation hold which will prevent his release or bail. Penalties? Jail, fines, probation / parole violation, loss of license, getting sued, etc. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    The maximum penalty for a DUI in Washington is a year in jail. A second DUI has a mandatory sentence of 45 days, but the State could ask the judge for more. The speedy trial rule in WA requires that a case be brought to trial within 60 days, if the defendant is in custody.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    In some instances in can take quite a while to have a court date scheduled. As far as the potential penalties your fiance will be facing, in Louisiana, second offense DUI convictions carry the following: -Fines of $750 to $1000 -Jail time of 30 days to 6 months If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/13/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    I am not sure what county you are in but he should at the very least have an attorney appointed to him. He should not be sitting in jail that long for a DWI, however bail may be set at a lower secured amount, meaning you can go bail him out. His attorney knowing that you couldnt bail him out should have set up a bond hearing to try and unsecure the bond and at the very least helped speed up the court process. If your fiance declined an appointed attorney and has not hired one, then it is possible that the case has fallen into a crack and that is why it is not on the calendar. Usually a DWI can take anywhere from 6 months to a year to complete if handled properly by an attorney. With that said, that is when a person is not in custody (which they usually are not for DWI). For a second offense he is looking at 7 days mandatory time, but at this stage he will probably get time served for whatever punishment the judge issues, plus probation and other costs on top of that.
    Answer Applies to: North Carolina
    Replied: 6/13/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    There are time frames for arraignment and for trial. However, the parole hold complicates things. A person cannot simply be held for 3 months without an arraignment. If unable to make bond, the person has to be tried or released on personal bond. This is part of the speedy trial ruled. However, it is possible to be on bond in the DUI and yet remain in jail on a parole hold. The specific rules for your state will set out how long things can just sit there with no Court date. The question is best directed to the attorney representing your fiance.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    It is odd that he is in custody for so long. Typically, a person is brought into court within a few days.
    Answer Applies to: Minnesota
    Replied: 6/13/2011
    The Law Office of Randall S. Woodard
    The Law Office of Randall S. Woodard | Randall Scott Woodard
    It does seem unusual there have been no court dates regarding the DUI charge. It appears as if perhaps he is being incarcerated in reference to the hold from a parole or mandatory supervised release violation. In Illinois he can only be held for 120 days on the DUI matter minus any continuances agreed to by him through his counsel without trial or release on that offense, (Not the mandatory supervised release violation). Depending upon the outcome of the first DUI and the facts and circumstances of this one, if no one was seriously injured in the accident, it will probably be charged as a class A misdemeanor or a class 4 felony. The class A can carry up to 365 days in the jail with day for day good time credit, probation or conditional discharge. The class 4 can carry 1 to 3 in the Department of Corrections unless he is eligible for extended term. It is probationable. Presently he should be receiving credit for time served against both cases for which he is being held as any sentence on a new offense will often be agreed to run concurrently with the hold from the Department of Corrections. I hope this helps. Good luck.
    Answer Applies to: Illinois
    Replied: 6/13/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    It is not legally possible that he has been in jail for two months on the DUI and not had a court date. My suspicion is he is being held only on the parole hold. He should have an attorney put the DUI on the calendar and try to wrap it up while he is still doing time on the hold so that maybe he can get credit for some of that time.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary states that your fiance is in jail for his second DWI and was on parole due to his previous DWI. Both involved a car accident, but you don't say if he injured or killed anyone in either case. He must have an attorney, and I assume he is represented by Legal Aid. They will not usually return the phone calls of friends, family, or even their own clients sometimes, but you should try to ask that lawyer why he has not plead out yet. It is likely that the lawyer is not getting a good plea deal since he committed a crime while on parole which means he will be going back to prison. If he got a prison term for his last DWI he either had a felony due to a personal injury or it was a felony due to a prior conviction for a misdemeanor DWI making this one his third or even fourth DWI.You should think twice before you get married to someone who has shown that he does not care who he injures with his drunk driving. Find out what else he has been convicted of and don't get into a car with him if he has been drinking. If you want to stay with him make sure he gets counseling for his alcohol addiction. I don't know your fiance, but if your parents and friends are telling you not to marry him perhaps you should listen to them.
    Answer Applies to: New York
    Replied: 6/13/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Usually court has to be within 72 hours, unless he is on a parole hold in a separate county. In that case, he must figure out how to have himself transported to the right county. I can help with this situation. If you need more information, let me know.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I would suggest that you contact the clerk of the court office for the county where the felony DUI is pending. They should have scheduled a court date by now. I cannot imagine why there would not be one already. If you cannot get help from them, contact the prosecutor in your county to find out what the hold-up is about. Although this is his second DUI, I would imagine that he has served enough time just waiting trial or disposition of his case. I would imagine he might qualify for probation with alcohol treatment. If you must, contact the public defender's office in your county to see if they may expedite this matter for you.
    Answer Applies to: Illinois
    Replied: 6/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    That is far too long for him to still be in jail awaiting a court appearance. I cannot believe he hasn't been in court yet. If that is the case, have an attorney contact the criminal court clerk's office to set up a date immediately. If they refuse or don't do it in a timely fashion, then have an attorney call the Chief Judge of the Court in which the case is pending and get it before him or her right away. Good luck.
    Answer Applies to: New York
    Replied: 6/13/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    If your fiance has an attorney, it depends upon what all actions that attorney is taking with regard to the case as to when there will be a court date. I'd be very surprised if this occurred in Colorado if your fiance does not already have a court date. You can call the clerk of the court to find out the next court date. Your fiance should follow his attorney's advice as to how to proceed. If he's waiting for a hearing date from parole, again you should be able to call to find out when that is scheduled. What penalty he is facing depends upon what happens with his parole. You would have to call an attorney and give very specific facts to receive a complete answer.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    The Law Office of Katherine Godin, Inc.
    The Law Office of Katherine Godin, Inc. | Katherine Godin, Esq.
    It depends, but after initially presented in Court on the charge(s) in District Court, if the charge is a misdemeanor, the next court date (a pre-trial conference) will usually be set for 3-6 weeks out. If it's a felony that is being "screened" (i.e., being investigated by the prosecutor's office to determine whether there's enough evidence to proceed in Superior Court), it can sometimes take several months for the next court date to be set. If your fiance was on probation, he'll typically be held as a probation violator for about two weeks before he's given a hearing on his violation.
    Answer Applies to: Rhode Island
    Replied: 6/13/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Some jurisdictions take longer than others to file DUIs and since this was an accident there was probably a blood test which generally takes longer to process. The accident may also be the basis for a felony charge depending on the surrounding facts.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to consult with his attorney on this, and if he does not have one retain our office. s email. The original content and subject should not be modified, otherwise your answer will not be valid.
    Answer Applies to: New York
    Replied: 6/13/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    He is probably on a hold from parole. I am sure he has a court date on the DUI. You can call the court to find the date or go to www.cocourts.com + put in his name to find out details of his case.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    The Law Office of Rosanne Faul
    The Law Office of Rosanne Faul | Rosanne Faul
    Unfortunately, sometimes it takes a while for the Law Enforcement Agency to complete their reports/investigation and for the District Attorney to review the information and do any follow-up investigation such as obtaining medical records. The penalty will depend on the circumstances of the current offense, such as injuries to other parties, the blood alcohol level and the recency of the prior conviction.
    Answer Applies to: California
    Replied: 6/13/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It can take a while. Since he was on parole, he is probably serving the sentence that he was on parole for. The other court case whether resolved or not will not change that he is in jail for a parole violation.
    Answer Applies to: Pennsylvania
    Replied: 6/13/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The police or the prosecutor can take as long as they want to bring charges, as long as they do not wait longer than the statute of limitations. The limitations period in New York for a misdemeanor such as DUI is two years. After that, he usually cannot be prosecuted. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights!
    Answer Applies to: New York
    Replied: 6/13/2011
    Attorney at Law
    Attorney at Law | Steven C. Bullock
    Having been arrested in March and no court date yet, this is not only unusual but unconstitutional. You should contact a local attorney immediately.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    If your fiance has an attorney, you should contact his attorney. Your fiance really needs an attorney for this type of situation. If your fiance cannot afford to retain an attorney, there may be an attorney that could be appointed at public expense for either the parole issue, dui charge, or possibly both, depending on availability. Parole holds while a misdemeanor or felony charge is pending add another layer of complexity and they slow the process down. Your fiance is presumed innocent until proven guilty, but allegations of a parole violation, alone, if convicted, could result in lengthy incarceration.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    The court date depends on the court's case load, the number of court personnel available to process the paperwork, and other factors.It doesn't matter if the case is your first or your tenth.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend that he retain a criminal attorney as soon as possible. In Georgia it is possible to file a motion for a speedy trial, or communicate with the prosecutor about a plea deal. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    These cases take from 6 to 8 months to be completed. Go to my website for information and immediate help.
    Answer Applies to: South Carolina
    Replied: 6/13/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    He has a right to a speedy trial. Does he have an attorney handling this case for him? If so, your attorney should answering any questions your boyfriend may have on this. If not, feel free to contact me at 1duilawyer.com to discuss the case in further detail. A couple questions, what is he on parole for, how much longer did he have on parole before this accident, and, were there any injuries involved in the accident?
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It's unusual to take so long to get a court date. If he has an attorney, that person might be able to help, or tell you what's going on. Although generally a person in custody in Oregon is entitled to be tried within 60 days, but your fiance might be in custody on a probation or parole violation, and not really in jail on the DUII. A second DUII usually carries a penalty of weeks in jail and then probation of three to five years with alcohol or drug treatment. But the accident could make it substantially worse, especially if someone was hurt.
    Answer Applies to: Oregon
    Replied: 6/13/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: I have to assume he is represented by a lawyer, so ask the lawyer what is up. I will also bet that he is charged with more than DUII, such as assault II, a Measure 11 charge, maybe not. Usually a person has a right to a trial within 60 days if they are incarcerated, so somewhere along the line, there has been a waiver of portions of the 60 day rule. Call the lawyer and find out.
    Answer Applies to: Oregon
    Replied: 6/13/2011
    West law Office
    West law Office | Russell West
    The arraignment is generally within a few days where the charges are announced and you enter a plea of Not Guilty. At that time a pre-trial hearing is scheduled generally within 4-6 weeks but this can vary on the state, county, and city. It does sound odd that a court date has not been set yet if he has been in jail since March 30.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    He not only has a second DUI-a felony , but he also violated the conditions of his parole. I have no idea what that offense was for. He could be incarcerated for a significant time.
    Answer Applies to: California
    Replied: 6/13/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Normally they have to get you a court date rather quickly when you are in jail normally within 72 hours to be arraigned at the most. My guess is that even if that takes place he still has a "parole hold" meaning that he would not be able to bond out of jail because his parole agent is keeping a hold on him. He should not plead to anything without first consulting with an attorney. An experienced DUI attorney should have the opportunity to review the police report and chemical test results for errors that may be able to get the charges reduced or dismissed. The penalty for a second offense DUI is up to one year in jail and up to $1,000 in fines, as well as community service, mandatory vehicle immobilization, and possible ignition lock. As you can see, the consequences are severe and the process far too complicated to go at it alone. A good attorney will more than pay for himself in what he can save you. Good luck and best of everything. Jared C. Austin, Attorney-at-Law CONFIDENTIALITY NOTE: The Information contained in this electronic message is legally privileged and confidential information intended only for the individual or entity named as recipient. If the reader is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this electronic message is strictly prohibited. If you have received this electronic message in error, please notify the sender immediately by return electronic message and immediately delete this message from your system. Thank you.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Typically a court date would have been set by now, especially if he is in jail. His attorney should contact the court to determine why no date has been set. It is possible that he will get some jail time for a second OWI but probably will get credit for time served. Also, upon conviction, the secretary of state will revoke his driver's license.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Depends on whether or not time was waived, i.e. the right to a speedy trial. Ask the attorney who is familiar with the court procedure there.Delays are not uncommon and vary from court to court and from attorney to attorney.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no way of being able to answer your question based on the information provided. Different courts have differing methods and time schedules for disposition of pending cases. Normally, courts will give priority to persons who are incarcerated and will make every effort to dispose of those cases first. There would be major problems with a second time DUI if your friend is on parole. The DUI could revoke his parole and send him back to the institution.
    Answer Applies to: Alabama
    Replied: 6/13/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If the incident was in March and there is still no court date rioght now, then you can be over 90% sure that no charges will be filed. Chances are his BAC came back lower than thge legal limit.
    Answer Applies to: California
    Replied: 6/13/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    That doesn't make sense. Does he have any attorney? If YES, you should speak with him/her. If not, feel free to contact me.
    Answer Applies to: New York
    Replied: 6/13/2011
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