Q: DUI case
Daughter went voluntarily to court to ask judge for an extension on completing her DUI classes so that she has time to get herself into a drug treatment program. Judge gave her a 6 month extension, then imposed 45 days in jail for violating probation. My daughter denied her probation violation, the judge had my daughter arrested on the spot and gave her a court date in 7 days. My daughter got out on a bail bond after 3 days. When she shows up for her formal hearing in 4 days, could my daughter ask for an extension on her hearing, so that she has time to obtain an attorney?
A: Yes. She has the right to an attorney at her probation violation hearing. Probation is currently revoked and she should ask the Judge for a continuance in order to hire counsel. It sounds like the Judge found her in violation of probation without a formal hearing and without her admitting the violation.
Jeff Hughes agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.