Legal Question in Criminal Law in California

Informal probation second violation
I was arrested on DUI 6 months ago. I got 3 years informal probation a load of fines and a week in jail. A condition of my probation was that I attend a DUI course that I couldnt afford. I was arrested at my home on a probation violation warrant 2 months later and spent another week in jail. They re enstated the probation and added more fines. Here I am another 2 months have gone by, I never enrolled in the DUI course because i can't afford it and I received a notice in the mail last week saying I have a warrant for my arrest for violating probation a second time. I simply can't afford to attend this class, and I really dont want to go to jail again. If go to court, will I get a chance to explain that I am un employed and cant afford the class?myself? Or will they just throw me in jail? Im really scared and I don't know what to do. Is there anything I can do to not go to jail?

Asked on 11/16/03, 8:39 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: Informal probation second violation

Thank you for your inquiry.

Did you explain to the judge or magistrate that you knew you couldn't afford the class? At least in some counties in California, they will then refer you to a sliding scale program, where you can pay what your income level allows, even down to having the county pay for the program.

Finding a job, and enrolling yourself in a program, shows responsibility, and that may save you from jail time, but you'd want to work with the alcohol liaison and get yourself into a program before you go to court, to put your best face forward, and more importantly, to show responsibility.

I hope this helps, but if you have further questions, please feel free to email at [email protected].

Answered on 11/16/03, 3:40 pm

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