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Old 05-05-2006, 08:07 PM
Junior Member
 
Join Date: May 2006
Posts: 1
Default In Trouble

My Girlfriend was charged with a DUI (her second) & Reckless Endangerment almost a year ago, Her sentence was to complete a alcohol treatment program (whcih she did) Then she was to serve 4 months on Home Monitoring however, after 2 1/2 months she violated the terms of her home monitoring and the prosecuting attorney revoked the deal they had made with her (in which they dropped the reckless endangerment completely), and are now charging her with the original sentence...My first question is, Can they do that? She completed ALL the things she asked besides the last few weeks on Home Monitoring.

Well, To make matters worse as we were waiting for her court date to come along she got into a fist fight with another female because the female was supplying alcohol to her minor sister, They arrested my Fiance for Assault & Battery, Disorderly Conduct and Tresspassing...And Arrested the other Lady for Furnishing alcohol to a Minor.

She is currently 3 months pregnant and due to an illness is having as what doctors call a High Risk Pregnancy, (They didnt expect the baby to survive this long) She also has, 3 other children and is the Guardian of her 16 year old sister, Has a full time job and all that...What is the likelihood of her being able to go back on Home Monitoring?

I've looked everywhere for the consequences of the following charges and cannot find them,

Assault & Battery
Disorderly Conduct
Tresspassing

I would like to know them.

And, The other question I had...

Since she didnt complete her Home Monitoring (She was on probation, I think I forgot to mention that) And they threw out the old deal, Does the probation still stand and can she be charged with a probation violation? Is it a probation violation if the sentence was thrown out?

She had me look for a paper that said if she failed to complete the terms of the agreement that the prosecutor had agreed upon she COULD be sentenced like this

30 days in county jail
180 days Electronically monitored house arrest
1500 dollar fine
Drivers Intervention Program
Impouded car for 90 days
License Suspension 90 days
Mandatory attendance in Alcohol treatment program

Loss of car if caught driving and or another DUI

But it says COULD not WILL ...So is any of that goign to get reduced possibly or do you suppose that will be the sentence that she faces?

She has a lenghty Juvenile Record which I do not believe is sealed, Can they use this against her?

Her Juvenile Record Includes multiple Minor In Possession, Public Intoxication, Possesion of a Controlled Substance, Multiple Assaults..

As far as I know, The only thing that's on her adult record is

DUI (not the DUI I was previously speaking of another one)
Disorderly Conduct
Assault 3

Any help is GREATLY appreciated.
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