QUESTION
In the state of CA, can a judge sentence a person to attend AA meetings before being convicted of a DUI crime?
Asked on Jul 18th, 2013 on DUI/DWI - California
More details to this question:
I have had my first hearing already, pleaded not guilty and awaiting my next trial date.
4 ANSWERS
Michael Paul Vollandt
The Judge may require AA meetings as a condition of O.R. or as a condition of bail.
Answered on Jul 26th, 2013 at 2:33 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Minor point: It's not a sentence, its a condition of release. You've been granted what's called OR (Own Recognizance) release pending trial. The judge has made attendance at AA a condition of release. Can he do that? Simply put: No. The judge can only make a condition of release that which will make your appearance at future court dates more likely. AA meetings don't do that. The judges often say that the AA condition is to protect the community, but that is not the constitutional standard for release/bail. The only applicable standard is whether you will appear at your next court date. Also, AA meetings are religious in nature and for the court to impose that kind of condition, they have to give you a non-religious alternative.
Answered on Jul 26th, 2013 at 2:33 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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That is becoming more of a trend in Los Angeles County, particularly in Van Nuys Court. 1duilawyer.com The threat that the Judge or commissioner imposes is that it becomes a condition of OR (own recognizance) release. If you do not want to do the AA meetings, you can always post bail or go into custody....or so they would argue. If you already agreed to it, then not much you can do unless you or your attorney want to advance the next court date to argue that issue again.
Answered on Jul 26th, 2013 at 2:33 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, a Judge may order you to do things (like meetings) as a term of your release into the community. You can state that AA is not OK as it violates your freedom of religion under the first amendment but then you are likely to get more onerous conditions OR, just simply ordered to attend self-help meetings.
Answered on Jul 26th, 2013 at 2:32 AM