QUESTION
What happens if my daughter leaves the country without finishing the 4 days of community service of her DUI punishment?
Asked on Apr 24th, 2013 on DUI/DWI - California
More details to this question:
My daughter finished everything in her DUI program but 4 days of community service. What happens if she leaves the country before she finishes? Will she have problems when she returns, or will it go away? She has another charge related to the same incident that was supposed to be dropped upon completion of the program. Will that charge be reinstated?
9 ANSWERS
That's a violation of her probation. There will be a hearing and the judge can revoke her probation and convict her for the original offense. The other charge will be reinstated if she failed to complete the program.
Answered on Apr 29th, 2013 at 4:11 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No, the case will not "go away". She can be found in "noncompliance, and if so, the judge could, at the judge's discretion, impose jail time for violating the court's order. The other charge that you refer to, you said would be dropped upon completion of the program. Since she has not completed the program, the charge is not dropped and could result in a conviction.
Answered on Apr 25th, 2013 at 9:03 PM
Michael J. Breczinski
Yes the other charge will be reinstated if she does not complete the program. Yes she will get in trouble if she does not complete the program. If she leaves State without the permission of the court then that is another violation. There will be an arrest warrant for her when she gets back and may spend time in jail.
Answered on Apr 25th, 2013 at 7:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She must make arrangements or she will be in violation and the additional charge possible resurrected. If she has left hire an attorney to plead her case.
Answered on Apr 25th, 2013 at 1:30 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should discuss this with your attorney. If she was placed on probation and one of the terms of probation was to complete the 4 days, her failing to complete the 4 days is a violation of probation which could be punished beyond the 4 days owed. Additionally, if her "plea bargain" was that she complete 4 days in exchange for the dismissal of a charge, failing to complete the 4 days would likely result in the charge being reinstated. Ultimately, a Judge would need to hear why she left the country, and why she didn't complete her sentence prior to leaving and then decide what to do about it, an attorney can help you figure this out.you should call one.
Answered on Apr 25th, 2013 at 1:24 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your daughter could have a bench warrant issued for her arrest and the additional charge reinstated.
Answered on Apr 25th, 2013 at 1:10 AM
A warrant will be issued for her arrest, and when she comes back she may be taken into custody. You should hire a lawyer to go to court to ask the Judge for an extension.
Answered on Apr 25th, 2013 at 1:09 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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This question cannot be answered because there is not enough information here to answer it. Is your daughter going to return to the country in time to complete the community service? If not, then your daughter will be in violation of her probation and will probably receive jail or some other penalty. If there is another charge that was supposed to be completed it will probably be reinstated.
Answered on Apr 25th, 2013 at 1:09 AM
In lieu of jail time, the judge allowed your daughter to do a work program of some sort. The judge will likely issue a warrant for her arrest. The other charge will certainly not dismissed now. I suggest that your daughter speak with a criminal defense attorney who can help facilitate a favorable outcome. Otherwise, she'll get arrested once she returns.
Answered on Apr 25th, 2013 at 1:01 AM