Today, my client was sentenced to 2 days of jail and another 6 months of probation on his first DUI/DWAI because he did not get things done. If he would have done what I asked from day one, his probation would have been terminated with no more consequences. The best thing to do is to complete your classes and community service.
My client failed to complete the MADD panel and failed to complete Level2 Therapy. He also owes some fines. This is despite 4 months of me asking him to get things done and setting over the case 2 times. I told him repeatedly that he would get jail if he did not get probation conditions done. In the last few months, he easily could have completed the MADD panel – it is held all over the state regularly. The Level2 therapy was dependent on his counselor, but he has 20 left at once per week. He would be almost done if he would have started when asked.
When the Court sentences you to probation, the Court orders you to do some things. Your promise to do these things is what keeps you from a jail sentence. The Court wants you to follow its orders and the Court wants you to learn some things. When you fail to follow the rules, the Court can re-sentence you to anything that it could have originally sentenced you to – the sentencing range that the Court and your counsel discussed when you entered the plea. Judges do not like it when you do not follow their rules, they like order and they expect their orders to be followed.
Most people either fail to complete the classes or community service or payments or miss meetings or substance monitoring or get a new offense.
A new offense is the most severe, especially if it is the same offense or a worse one. The new offense must be after the date the Court put the person on probation for it to be a violation. Often the new offense and its sentence will drive the result. Cases in different counties are more difficult.
Where a person fails to complete the conditions in a timely manner or does not properly work with probation, they usually come back to Court for re-sentencing and likely will get revoked and reinstated, extending the time to complete probation, including costs and sometimes get additional sanctions, like jail or work release or community service.
The best way to reduce your sentence, or even terminate your case without further consequences, is to complete the conditions of probation. I have seen Judges give a day of jail for each hour of community service that a person fails to complete or for each class missed. Get the classes done and you will be happy.
On the bright side, my client has a case set for sentencing in another county. Although he was not looking at jail in that case, we should be able to give him 2 days in that case concurrent. It will be easier for him to do it in his home county.