Legal Question in DUI Law in California

Probation Violations

I was convicted of a DUI about 1 1/2 years ago, and am

still on a three year probation period. Just today, I plead

no contest to a public intoxication charge, but at the trial

they said nothing about a probation violation. Am I to

assume that there will be no further punishment

because of my probation, or is it possible for the courts

to tack on additional punishment later? If more

punishment is added, would I be able to fight this

decision considering it was not part of the plea bargain

offered to me today? Please help and thanks.


Asked on 11/10/04, 4:36 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Probation Violations

You violated probation by violating the law. If this comes to the attention, which it probably will, you could be placed in jail or your probation could be lengthened.

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Answered on 11/10/04, 11:36 am
Robert Winkler The Law Office of Robert James Winkler

Re: Probation Violations

A probation violation allegation is separate from the conviction for drunk in public. When you plead to the DUI a year and half ago, you were placed on informal probation whereby you promised the court to violate no law.

Because you violated a law, greater than a minor traffic infraction, you violated your probation. However, the conviction is for a non driving offense, so if it comes up, the court should take that fact into consideration. You may be required to spend time in jail, perform community service or have your probationary period extended.

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Answered on 11/11/04, 1:50 pm


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