Will I serve jail time for missing my DUI classes in California? 12 Answers as of February 11, 2011

I have a court date for missing my DUI classes. I couldn't afford to pay for them. I failed to attend program activities within 21 days of last activities or enrollment. This is my first offense and I have followed all rules. I finished my work project. I just could not finish my DUI classes due to financial issues and hardships. Will I be given jail time?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Probably not, but it depends on the County in which your case was filed. It is a far, far better thing to calendar the matter yourself if you need an extension than to wait for the program to contact the Court after you have been dropped and a Violation of Probation issues. Still, you will probably just be referred. You may have to accept some additional work release/road crew/electronic detention-house arrest days for the violation. Stay on top of it next time.
Answer Applies to: California
Replied: 2/11/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
Whether the judge will take you into custody depends on 1. The County2. The Prosecutor3. The facts of the case4. The procedural history of your case and5. Your attorney. Bring in proof of everything that has been completed and the court might simply refer you to the class again. Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 2/11/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Perhaps not. Number of factors and not all are "legal". Judge's attitude could be one. Your failure to bring issue to the court's attention. Are you back on a VOP? The ostrich approach to legal problems is not usually a good idea.
Answer Applies to: California
Replied: 2/10/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The judge will not put you in jail for missing classes. He will probably refer you to a suitable program so you can finish. Your greater danger is that DMV will suspend your license until you complete the classes. Better get on it right away.
Answer Applies to: California
Replied: 2/10/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Possibly. One of the terms of your probation was to enroll in the program timely, so the Judge "could" impose jail time for violating probation. Considering hiring an attorney to go to court to get you an extension. The advantage of this is, you won't need to be there (at least not initially) and the Judge won't be able to take you in custody right then and there. Oftentimes once the Judge grants the extension he/she will just let it go at that.
Answer Applies to: California
Replied: 2/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    If you were represented by an attorney I would contact them immediately. It is always best in the future when you are aware that you cannot complete a term of your probation that you go back to court and get an extension. Jail time is always a possibility for a probation violation. However in your case as long as you explain the problem to the judge and set up a reasonable time frame to finish the required tasks you should be alright.
    Answer Applies to: California
    Replied: 2/10/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    It depends on the jurisdiction.In San Diego the Court issues a bench warrant. You must appear and ask the Court to recall the warrant and re-set your dates for compliance. An attorney can appear for you if you are afraid to appear yourself. Often if you repeatedly fail, the Court will order you to jail. The first time, however, is usually not a problem. It also depends on the severity of the charges against you. If you were driving with a .30 blood alcohol level, the Court may view non-compliance more seriously.
    Answer Applies to: California
    Replied: 2/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    That is entirely up to the judge, and depends upon the credibility of your excuses and how well you or your attorney present them to persuade the judge to give you another chance to complete, rather than simply slamming you into jail. The courts generally prefer collecting penalties and fines to putting you into expensive custody. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If you get serious about doing so, feel free to contact me.
    Answer Applies to: California
    Replied: 2/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Get a Public Defender who can explain your financial situation to the Judge. There are alternatives to jail in this situation.
    Answer Applies to: California
    Replied: 2/10/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to get an extension from the court to avoid jail time or other consequences. If you had an attorney handle the previous hearings, I would recommend calling that attorney. If not, feel free to call me if you have any further questions.
    Answer Applies to: California
    Replied: 2/10/2011
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