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I dont understand sentencing Alcohol & Drugs: DUI, DWI

Discussion in 'Criminal Charges' started by ajm2014, Feb 11, 2014.

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  1. ajm2014

    ajm2014 Law Topic Starter New Member

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    What does all of this mean in stupid terms? A friend of mine has a VERY unacceptable PO who is friends with his aunt who doesn't like him because he was given property she felt she deserved. He has lost a job because she calls at all hours of the day or night for him to report to her if he doesn't report with in minutes she threatensd to throw him in jail.....Well he finally because so affraid of her he didn't report and now has a PV. He fears turning himself in because he thinks he will be in prison for 3 years because that is what she has been telling him. Can she really do that? Can you explain what the below information below means?

    Hearing result for Sentencing scheduled on 01/10/2013 04:00 PM: District Court Hearing Held Court Reporter: Val Nunemacher Number of Transcript Pages for this hearing estimated:
    01/10/2013 Sentenced To Pay Fine (I18-8004 {F} Driving Under the Influence-(Third or Subsequent Offense))
    01/10/2013 Sentenced To Incarceration (I18-8004 {F} Driving Under the Influence-(Third or Subsequent Offense)) Confinement terms: Jail: 8 days. Discretionary: 90 days. Penitentiary determinate: 3 years. Penitentiary indeterminate: 3 years.
    01/10/2013 Case status changed: closed pending clerk action
    01/10/2013 Probation Ordered (I18-8004 {F} Driving Under the Influence-(Third or Subsequent Offense)) Probation term: 3 years. (Supervised)
    01/10/2013 Surety Bond Exonerated (Amount 20,000.00)
    01/16/2013 Judgment Dismissing Count II
    01/16/2013 Judgment Dismissing Count III
    01/16/2013 Order Suspending Execution Of Judgment And Sentence And Notice Of Right To Appeal
    10/23/2013 Report Of Probation Violation
    10/29/2013 Warrant Issued - Bench Bond amount: .00 Failure to Comply With Conditions of Probation REPORT OF PROBATION VIOLATION DATED OCTOBER 21, 2013
     
    Last edited: Feb 11, 2014
  2. army judge

    army judge Super Moderator

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    Okay, up until 01-16 things going well for this defendant.
    He essentially got probation, as you indicated.
    Time passes, and then we get to October.



    It appears he got reported for an alleged probation violation in October, that nonsense you spoke about his aunt and PO, anyway; trouble began brewing.

    A warrant was issued for his arrest.

    His playing HIDE & SEEK will only make it worse.

    He'll get caught, or he can turn himself in, and plead unfounded, make no statement, ask for a court appointed lawyer and seek bail.

    Otherwise, he'll likely get revoked and spend a few weeks or months in county jail.

    Or, the worse that could happen, he gets revoked and sent to PRISON for THREE YEARS!!!

    Your state, Idaho isn't broke.

    So, if I were him, I'd endeavor to fix this mess.
     
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  3. ajm2014

    ajm2014 Law Topic Starter New Member

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    Now comes another question.......he has a claim with L&I currently from breaking his back at work. Can he loose his claim if he should end up spending time in county jail?
     
  4. army judge

    army judge Super Moderator

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    Is it a workers comp claim with "Labor & Industries" in Washington state?

    I suggest you ask the agency with whom he has lodged his claim.

    Generally speaking, if a person is incarcerated subsequent to a CRIMINAL CONVICTION, their government payments are normally stopped, suspended, or ended.
     
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  5. ajm2014

    ajm2014 Law Topic Starter New Member

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    Its an idaho labor and industries claim/lawsuit. he is currently recieving back wages reimbursement and should be recieving a lump sum settlement soon. he was crushed by a dowser and it broke his back. He fears loosing this because he needs the money to pay for his surgeries and dr bills from his injuries.
     
  6. army judge

    army judge Super Moderator

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    Same answer, wrong state.

    I'll reiterate.

    I now know it to be a workers comp claim with "Labor & Industries" in Idaho state.

    I suggest you ask the agency with whom he has lodged his claim.

    Generally speaking, if a person is incarcerated subsequent to a CRIMINAL CONVICTION, their government payments are normally stopped, suspended, or ended.

    You say lawsuit.

    Does that mean he sued, or simply filed for workers comp under Idaho law?

    You need not answer.

    If he's awaiting an award pursuant to a lawsuit (or a settlement therefrom), incarceration won't affect that award.

    If its a garden variety workers comp claim, ask the agency, but generally those payments stop, if one is incarcerated subsequent to a conviction.

    Also, by now the government knows he's on the lam, taking a powder, or absconded.

    The payment probably won't come, and if they say it will, he'll likely be met very soon by armed men with badges, guns, and an arrest warrant!
     

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