Q: GF has a Prelim for 2nd DUI in PA. 2nd offense driving under susp, while on probation.
Accident happened. No injuries. Happened shortly before going on house arrest. Wondering if she will leave court room in handcuffs.
A:
Very unlikely from the preliminary hearing, unless the MDJ sets a bail there that she cannot make -- and that's highly unlikely as long as she shows for the preliminary hearing! That's on the new charge, though. It's possible, however, that the probation department or the court could put a detainer on her in her *first* case for picking up the new DUI charges. If that happens, she could indeed be arrested there at the preliminary hearing and could sit in jail until the detainer is lifted. Sometimes that doesn't happen until the new case is completely resolved, unfortunately, which could take months.
There is also mandatory jail time for the second DUI, although house arrest may be possible, or perhaps she could serve the time on weekends only. For now, I suggest that she hire a good criminal defense attorney to navigate all the possibilities and get her the best deal possible. Best of luck to her.
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