Posts Tagged ‘ probation ’

What should I expect from my first alcohol driving offense?

Unfortunately the number of drunk driving related arrests and accidents increases as the weather warms up.

Here is a bit of what you can expect if you find yourself being arrested for a first time offense. drunk_driving_wilcox_law

In general, you should expect to serve probation for 6 -18 months and pay $1,000 in fines. You may also be required to attend alcohol counseling sessions.

In Livingston County, serving jail time for a first offense is not typical, but this is not guaranteed. Factors to determine potential jail time are your BAC (blood-alcohol level), if an accident took place and if you have a prior criminal record.

You will also need to complete a drug or alcohol assessment.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
06/22
CATEGORY
Driving Violation
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Why is there a no-contact provision on my bond and how do I get it lifted?

The most common reason for a no-contact provision is a domestic violence charge, however it can be placed on other similar charges.

In most cases, the no-contact provision can only be removed once the person you have been forbidden to contact goes to court and states the reasons why they want the provision lifted.

In the case of a spouse or significant other, a safety plan must be created through LACASA. This is a form that outlines the steps that will be taken if there is any type of threat or violence that would happen in the future.

Most judges are reluctant to lift  no-contact provisions, but they will  listen to a modification prior to the case being resolved.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
04/25
CATEGORY
Criminal
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What is a PDI (Predisposition Interview)?

PDI stands for Pre-Disposition Interview. It is a common plea agreement in Livingston County whereby the Defendant pleads guilty as charged and then goes to probation for an interview.

The probation department then prepares a report based on the interview and gives recommendations for the Defendant’s sentencing.   A couple of weeks after the probation interview the Defendant is sentenced in front of a Judge.

The Judge will read the probation report and the attorneys will argue for their respective clients. The Judge will then sentence the Defendant at which time they have the opportunity to either accept or reject the sentence and can proceed to trial.

A PDI gives the Defendant a look at what the Judge was going to give for his sentence and the opportunity to withdraw his plea and proceed to trial.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
01/19
CATEGORY
Criminal
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What happens if I violate my probation? Will it have effects on my original sentencing?

A probation violation is treated differently than the underlying charge that placed you on probation in the first place.

If you violate your probation, you must first be arraigned for the new offense and then a hearing will normally be set within 14 days.

At the hearing you can either plead to the violation or have a new hearing set for the probation violation.

Because you are already on probation and many of your rights are limited or have been reduced as a result of being on probation, the rules of evidence are not entirely applicable during the new hearing.

The prosecution now must only prove that you are more than likely guilty than not compared to proving that you are guilty beyond a reasonable doubt.

Please don’t hesitate to contact me if you have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/20
CATEGORY
Criminal
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