What is the maximum penalty for a VOP-driving under suspension, 1st offense, 2nd degree misdemeanor?

Criminal Defense 2 views 3 answers
I have a friend who has been on probation for driving under suspension (child support issues). He has reported without fail for 5 months, but forgot his appt. on 9/22 due to caring for a terminally ill friend who has cancer. He was arrested on 10/2. What can he expect when he goes before the Judge. He has no prior record for any crime and has resided in the same place for 10 years

Attorney Answers

3
Spencer Cordell ·
The maximum penalty for any second degree misdemeanor is 60 days in jail, and a fine of up to $500. That's the worst that can happen. He should hire an expereinced defense attorney to see what the best deal he can get will be. It may be possible to avoid jail.
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Geoffrey Mason ·
The maximum possible sentence would be 60 days in jail. Your friend has a very good chance of being able to provide good mtigation to the Judge. It would be a a very good idea for your friend to be able to present as much documentation and testimony related to his mitigation. Geoffrey R. Mason
0 upvotes
Royce Bishop ·
Present evidence that they forgot their appointment due to family illness at the probation violation hearing. It's a good defense. I can't say that he/she will win, but it's a hell of a lot better than saying, I missed my appointment because I was fishing or at a bar.
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