Question: Is it possible to get Early
Release DWI Probation?
Answer: No, however, there is one legal,
partial way around the no early
termination. A judge
retains power to modify the terms of
probation at any time. You nay be able
to get a judge to eliminate all terms
and conditions of probation other than
"commit no new offense." This is not
technically an early termination, but it
has the same net practical effect so
long as the client does
not in trouble again. It helps to have
supportive probation officer(s) and a
stellar probationer.
DWI Dismissal
Question: If a DWI is dismissed, does that have
the same effect as a not guilty and
work to rescind the ALR suspension?
Answer:
No. However, you might want to try
getting an agreement for an agreed Not
Guilty on the DWI
so that it will eliminate the ALR
suspension or getting the DA to agree to
dismiss only after jeopardy has
attached. If you take the second option,
make sure that the motion to dismiss and
the judgment reflect that the dismissal
was after jeopardy attached.
Motion for a Speedy Trial for Lack of
Prosecution
Question:
Is it
necessary to request a trial setting to
get a motion for speedy trial granted,
eg. a speedy trial motion to dismiss
because of lack of prosecution in state
court?
Answer:
It's not
absolutely necessary that one requests a
trial but it weighs heavily. Showing
prejudice is the trick. It is always
better to be able to prove numerous
requests for a speedy trial under the
U.S. Constitution. Cases that have not
been set for trial for years have a good
chance of getting dismissed. It is not
the job of a defense lawyer to get a
trial setting. If the State wants to try
the case, it should be the State’s
burden to make sure that the case is set
on the Court's calendar. |
