What will happen after being arrested for drunk in public while on probation for a DUI? 10 Answers as of February 16, 2011

I'm on probation for a DUI and got arrested for a drunk in public last night...I live in Vegas, but got arrested in California? How will this work and what kind of punishment am I looking at? Jail time?

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Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Any new criminal offense could trigger not only new charges, but also a probation violation allegation. I assume since you live in Vegas that your DUI and probation are there. If that's the case, then Vegas may not find out about the new case and may not do anything against you. You're still going to have to deal with the new 647(f) - drunk in public case. You'll need a criminal defense attorney who routinely practices in whatever court this is scheduled to be in.
Answer Applies to: California
Replied: 2/16/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Happen? Potential probation violation charges, in addition to the new criminal charges.

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 2/16/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Assuming your DUI was a first, then the maximum jailtime would have been 6 months. This amount (minus any time that you did serve) was suspended pending successful completion of probation. Since the drunk in public charge is a misdemeanor, you could very well be in violation of probation, and the Judge could give you some, all, or none of the jail sentence that was originally suspended. Considering hiring a lawyer, who can go to court for you on both cases without you having to be present. The advantages of that are obvious; besides conveniency, you also won't risk being taken in by the Judge.
Answer Applies to: California
Replied: 2/15/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
When you were arrested you violated the terms of your probation. When you plead guilty they sentenced you to a certain amount of time that sentence was suspended when you were granted probation. Because of that the judge can revoke your probation and you would have to serve the time in your original sentencing.
Answer Applies to: California
Replied: 2/15/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It depends on the area it occurred. If it was in San Jose I could slip it right by. In some places the D.A.s and judges might be less understanding. For more inf or to retain our firm call.
Answer Applies to: California
Replied: 2/15/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    It depends where you are on probation. If you are on probation in California and you got arrested in California, depending on the county, some courts don't even pick up cases filed elsewhere in their own county that would constitute a probation violation. If it's in the same court, that is a problem because they'll likely catch it. Different counties and different states and you have a good chance no one will even know. If a court does catch it and wants to violate you on the DUI probation, it is really dependent on the judge and your record and prior performance on probation. You could get a slap on the wrist and re-instated, or it could mean jail too. It depends on a lot of unknown factors.
    Answer Applies to: California
    Replied: 2/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Your post is not particularly clear about your situation. It seems that you are on probation in Vegas for a DUI. You were arrested while in CA for public intoxication. If that reading of the facts is correct, probably nothing will happen more than a fine. But the reality is how much information is provided to the court and DA at your arraignment. The authorities in Vegas may never find out especially if you are not on formal probation. If I have misunderstood and both the public intoxication and DUI are in CA, jail is a likely possibility especially for a vop regarding the DUI.
    Answer Applies to: California
    Replied: 2/15/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Was your DUI conviction in California? Was the PC 647(f) (Public Intoxication) arrest in California? Your DUI probation can be violated, but the consequences are not necessarily severe. The terms and conditions of probation upon your admitting a violation and reinstatement to probation depend upon the County in which your probation was granted. I would not expect more than some additional days of work release/road camp/house arrest (electronic detention). You might be able to have the Public Intoxication reduced to an infraction, however (e.g., 'Disturbing the Peace (PC 415). Shoot for that.
    Answer Applies to: California
    Replied: 2/15/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Jail time is possible. I need some more info to better assess your situation. Was it a first offense dui? How long ago was it? What county was it in? What county is the current charge in? What are the factors leading up to the arrest. I know that doesn't answer your question...but your case may be worth fighting, an attorney may be able to negotiate a good deal for you, and perhaps reduce or dismiss the charges, etc.
    Answer Applies to: California
    Replied: 2/15/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    They can revoke you DUI probation and give you time for the drunk in public. You really should get a lawyer. One of the things you might do, and a way to keep them from jailing you is to get into an alcohol rehab program (sounds like you need it). If you can't afford a residential program go to AA 5 or 7 days a week and bring proof of your AA attendance to court.
    Answer Applies to: California
    Replied: 2/15/2011
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