Several violations revolve around a Defendant missing or not completing required alcohol evaluation or treatment.
The most important thing in these cases is honesty from the client and preparation by the attorney. Unlike a regular case, where there are facts that won’t be known until trial, violations are different. In violations, the facts are known and can be prepared for.
When a person has plead guilty or is found guilty of a DUI, the State will ask for certain conditions. In all cases I’ve seen, a client will have to complete an alcohol evaluation and complete treatment.
Many times a person will be unable to due to money or job issues . On occasion, it will be because there is another drug found in their system.
The best policy in this case is to be open and up front about a job situation. I went to court recently for a client who had a child support order that as eating 60% of his paycheck. In the time he went to adjust the order, a violation had been filed for non-completion of his treatment which stemmed from an inability to pay the treatment costs. I asked him to come to court with his paycheck showing the 60% deduction and a letter or note from the treatment provider stating payment had to be made first.
Remember the rule from the last blog that, “[i]f it is not documented, then it didn’t happen as far as a Judge is concerned.” I told the Judge that my client will now be able to pay and begin treatment before the next court date. Because it is so hard to win a violation hearing, the goal is to negotiate compliance short of jail time.
Sometimes, creativity is required. I had a client who had tested positive for cocaine during a random drug test. He entered my office a week before the court date and told me it was a one-time thing. I asked him plainly whether he would test positive if tested immediately. He said no. When the State presented the positive drug test in court, I presented the negative test as well. The point was that the State wanted to show the drug test as a habit. My test was designed to show that this was not the case. We presented the test as well as my client’s attendance in Cocaine Anonymous.
Needless to say, the objective was not to end the case at this point. It was to prevent my client from going to jail. He did not, though that was the closest we got to it.
I’ve never believed in the impossible situation. There are probables and less probables. My client was honest so I could adequately prepare. The facts were known and were prepared for. Without that preparation, he would have gone to jail.
So, get a lawyer if you violate. Again, I have a lot of experience with these and I don’t even charge normal fees. I charge a per-court date fee because you don’t know if a violation will last one date or ten.
Stay tuned for fees violations in our last part.
Please feel free to contact me at (847)337-2716 or visit my website at http://www.LegalDaredevil.com