my husband is on probation and he violated by getting a dwi. we went to court and he refused to get a lawyer the judge gave him 2 years cause he already had 2 dwi. now his probation has been violated and his suspended sentence was max 36mths and 20 min. he has 244 days jail credit already what kinda time might be be looking at cause he hasnt gone to court for viloating but hes in carcerated for the dwi that he just got which they dropped it down to one year.
2006-08-23 05:09:55 · 10 answers · asked by mrs_womble2 2 in Politics & Government ➔ Law & Ethics
was he charged with felony or misdemeanor DWI? that's makes a huge difference. it may be his third, but it may be his first in a long time, which would get him charged misdemeanor.
anyway. it's unfortanate the the jails are so overcrowded that we can't keep the people locked up who are irresponsible enough to put others in danger...by driving drunk all the time. but there simply isn't enough room in most jails to keep your husband there the maximum time that he's facing. if he's on probation for DWI and just picked up a new DWI (assuming it'a a felony). i can see him getting sentenced at least two years. it all depends on the severity and how close together the other DWIs were.
but realistically, he will probably have to do a solid 6 months. he will get credit for time served...which is quite lengthy at this point. i can imagine him getting credit for time served and just being on extended probation for a couple years. some judges sentence you and hold the jail time until the end of the probation period. meaning, if you violate again, i'm sending you to jail for X years, without chance of parole. if your husband's only crime is being an irresponsible drunk, then he is paying a price with the suspended license, and high fines. although he's bonehead, he won't be in too much longer for only DWIs.
2006-08-23 05:26:57 · answer #1 · answered by sexy law chick 5 · 0⤊ 0⤋
Was he on probation for the DWI or another offense? If it is for the DWI he could be looking at up to 5 years if he serves concurrent for the 3rd DWI and violation of probation.
2006-08-23 12:16:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The judge could give him the maximum but here in arizona he would usually get the probation term of 2 years to be served in jail and credit for time served leaving him with 16 months left to serve and with jail systems full capacity state facility could be an option as jails are county facilities.
2006-08-23 12:16:15 · answer #3 · answered by tdm1175 4 · 0⤊ 0⤋
He could get his remaining time to do for breaking probation.
he may have to do his time for DWI and then they may move him to finish his original sentence. He needs to contact his probation officer. the more open & honest he is with him/her he might have a chance to shorten the time for breaking his probation. He would probably need a letter from his probationary officer stating that he makes his appointments he keeps in contact with him and this is "hoprefully" the first offense of his probation.
2006-08-23 12:18:50 · answer #4 · answered by ead824 4 · 0⤊ 0⤋
are you in the states?
cause i think they have that 3 strikes your out.. and if this is his 3rd dwi
i imagine probably that full 2 yrs the judge gave
sorry :(
2006-08-23 12:13:18 · answer #5 · answered by steph 6 · 0⤊ 0⤋
That would kind of depend upon the state that youre in. In Texas he would probably spend about 6 more months of that in jail. But as I said it varies from state to state.
If they want to they can "stack" his time so that it runs concurrently, but that does not menat that it is an automatic thing.
Good luck...
2006-08-23 12:17:03 · answer #6 · answered by Walter J 3 · 0⤊ 0⤋
It really depends what state you're in. Consult a lawyer for an accurate response.
2006-08-23 12:15:22 · answer #7 · answered by IT Pro 6 · 0⤊ 0⤋
He should get life without parole.
2006-08-23 12:15:19 · answer #8 · answered by Mark F 4 · 0⤊ 0⤋
I don't know, but my husband didn't get ANY time for perjury.
2006-08-23 12:15:22 · answer #9 · answered by sacolunga 5 · 0⤊ 1⤋
...and he's still your husband?
2006-08-23 12:12:27 · answer #10 · answered by darkgarlic 2 · 0⤊ 0⤋