Legal Question in DUI Law in Washington

Jail release

son was sentenced to 90 days for probation violation ( only one counselor in alc.school, and he kicked him out because he din't read or participate to counselors satisfaction) Son showed up to jail on appointed day and was released the next day. Now county says they made a mistake, and they want him back. Can they do this, he complied with their ruling, and was released, paper work and all. please advise as they want him back and he is employed and this causes a hardship. he was not in violation, he never missed a class, it was a personality conflict with the counselor.


Asked on 5/13/05, 12:56 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Jail release

Unfortunately, he will need to go back. The judge has imposed a sentence that he has not yet served. The jail error does not undue the judges order. In terms of your son not deserving the 90 days, the time to bring that up was in front of the judge. If you get an attorney, you could set a hearing to make a motion to reconsider the imposition of the 90 days. However, most judges rule that failure to fully engage in treatment is a probation violation. It isn't enough to just show up and not participate. What court was this in?

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Answered on 5/14/05, 9:07 am


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