Minneapolis, MN asked in DUI / DWI and Criminal Law for Minnesota

Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test from treatment as of currently test may 25 I had Court for new charges Today and requested a continuous

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: Your question is a tad confusing, but it's fair to say that if you committed a 2nd 5th Degree assault 15 days after you were sentenced on a prior matter that you have big problems. If you are convicted of the new offense, you would be in violation of probation. I can only assume that you were also ordered to abstain from mood altering substances. A DWI would suggest that you had consumed some mood altering substance which would also be in violation of your probation. You need an attorney ASAP and you need to start seriously addressing the issues that brought you to court in the first place.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A person who picks up a new, similar charge following sentencing on a first Controlled Substance 5th Degree offense, will be in a tough situation. The most likely outcome on the stay of sentence on the first conviction, would be the judge revoking the stay. But, each case is different and individual. So be sure to retain the best defense lawyer you can, ASAP. And, yes - it's time to get 100% sober, always. That will help.

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