Does my S.O. need legal representation for a PC 1203.2?

Each felony DUI is punishable by 3 years max in the state prison - your boyfriend has 95 days of county time available to him. The judge could sentence him to the remaining county time or can choose to terminate probation and send him to state prison. The Judge could sentence him to low term which is 16 months, or mid term which is 2 years, or as stated, 3 years max. Hiring a private attorney doesn't guarantee a better result, but usually private attorneys have more time to spend on your boyfriends case.

A probation revocation hearing normally involves two steps: (1) a preliminary revocation hearing, possibly followed by (2) a full evidentiary hearing. At the preliminary revocation hearing the judge will simply ask the probationer whether he admits or denies the violation. Oftentimes, if the probation violation is minor and the evidence against the probationer is strong, it may be better to admit the violation and ask the judge to “reinstate” the grant of probation. The judge may appreciate the probationer saving everyone a lot of time and effort associated with a subsequent evidentiary hearing. However, simply admitting the violation and throwing yourself on the mercy of the court is a risky proposition unless you are intimately familiar with that judge and his temperament. You need to know ahead of time what the judge considers a “minor violation” and whether he normally reinstates probation in similar cases. Don’t go into the preliminary revocation hearing blind, consult your lawyer and have a game plan prepared before appearing before the judge. If a probationer denies violating the conditions of his probation at the preliminary revocation hearing, the judge will temporarily revoke probation and schedule a full evidentiary hearing at least a week later if there is probable cause to believe a violation occurred. This hearing occurs before a judge, not a jury. At the evidentiary hearing, both the prosecutor and defense may call witnesses and introduce evidence to either prove or refute a probation violation. However, unlike a trial where the prosecutor’s burden is to prove his case “beyond a reasonable doubt,” at the evidentiary hearing the prosecutor is only required to prove his case by a “preponderance of the evidence.” Although the evidentiary hearing is not a full blown trial, there is still a lot at stake. Ultimately, the judge will determine whether the probationer is reinstated on probation or sent to prison. For this reason, proper preparation and presentation of the probationer’s case is essential. Many probationers have difficulty expressing themselves in court. Fortunately, a probationer can obtain a lawyer to speak on his behalf, as well as present evidence which will back up the probationer’s case. A thorough defense attorney is in a position to ensure all exculpatory and mitigating evidence is brought to the judge’s attention in the most effective manner. If things go awry at a probation revocation hearing, a persuasive defense attorney can still decrease the consequences. In some cases, when a judge revokes probation he still needs to decide how much time the probationer will serve in prison. In that case, a talented lawyer can submit a compassionate and persuasive sentencing memo arguing for the most lenient sentence possible. In other cases where the judge is obligated to sentence a probationer to a predetermined amount of time in prison after revoking probation, there is still a short window of time for a defense attorney to intervene and convince the judge to reconsider the sentence. Having probation revoked is no laughing matter. The consequences can be severe. A probationer fearing a probation violation should protect his rights and enhance his chances of a good outcome by consulting a reputable defense attorney as soon as possible.