Do you think he'll get jail time??

Question

My baby father has court tomorrow for a OVI test/Low

http://12.32.69.180/cgi-bin/mcaseno.cgi?pre=TRC&num=0709539&sub=&type=TR&acc=

thats the case info

Do you think he'll get jail time?

Answer 1

1st degree misdemeanor? Probably not.

Answer 2

Not much will happen tomorrow as it is his arraignment.  It is his first court date. The DA will give him an offer via his attorney.  He can accept or reject the offer.  If he rejects the offer, the case will be set for trial.  If he accepts, he will begin his sentence.

Good news:  it is a misdemeanor.  Bad news:  it is a DUI.  This is a very expensive offense with fines and fees and mandatory alcohol classes, drivers license suspension.  Also, the case happened in November 2007.  He bails out.  He misses his court date in January 2008.  A warrant is issued.  He is not picked up until August 2008.  He lost his bail money.  And he's in custody.

I do not know if this is his first offense or not.  That makes a big difference in sentencing.  If he gets time, it will be in the local jail, not the state pen.  If he has a prior, even 7 years ago, he is doing some time.

Answer 3

its possible...it all depends on the judge

Answer 4

yep.....looks like he didn't show for his first court date either.  

Answer 5

he might since he is older than 19, which is usually the last age you get away with it at.  It all depends on how good of an atorney you have!!

Answer 6

Maybe county at worst.

Answer 7

IDK just pray to god that he doesnt

Answer 8

I'm not really sure why he'd get jail time. But I'm pretty sure that it's illegal to put court information out into the public so that might actually be used towards him.  

Answer 9

if he has a lawyer and no prior record he will probably just get probation or something like that

Answer 10

i know u want to know the answer to the question....but thats not a good thing putting up all that personal info

to be honest with you, i don't care if they are public or private, but it shows how much respect you have for someone.

His name, his address, a lot of info is on there and I'm pretty sure he wouldn't want some girl putting his info all over the net.

Answer 11

I think if your state has a three strike law he may go down for 24 mths. or so, bond forfeiture, priors, dwi @.099, just shows the judge he didn't learn or become rehabilitated the first seven years.

He wasn't on probation was he?

Answer 12

I don't think he'll do any time. It's apples and oranges.

Answer 13

First off, strikes don't double misdemeanors, only felonies.  Jeez, what are people talking about?  He probably does have a violent strike type felony since he went in at 14 and got out at 21, likely 2nd degree murder if that's how they do it over there.  In any case, it's irrelevant since the new case is a misdemeanor.

Anyway, so he's got a DUI, the only other relevant priors are other DUIs and probation/parole issues.  He got out of prison at 21, now he's 25, probably no parole issue.  

He had a felony drug sales case in 2005.  If he got the case in 2005, it might not be "closed" since probation can last 3-5 years depending.  Maybe he has probation?  You say it's closed, fine, it's closed, no probation issue.  

Now his other traffic case is interesting.  Possibly another DUI?  DUIs can be priors for up to 10 years.  If that's the case, he's probably looking at somewhere between 45-60 days county jail or work or home confinement.  That's if they don't have a prohibition to do work or home confinement with a violence record.  Just my guess from criminal practice in California.