When you take a plea in a DUI case in one of the Los Angeles courthouses, they are typically going to set the sentencing date about 30 days away, but the reality is that it's up to your attorney.
You and your attorney should discuss when you will have to go back to court and what your duties and responsibilities will be in the meantime. You should also realize that when you take a plea, they might do the sentencing right away.
This is definitely something that you want to discuss with your DUI attorney so that you are prepared; you don't want to take a jail plea in a DUI case and then unexpectedly be taken into custody right afterward.
This could put you in a very bad position, especially if you have a job and other responsibilities. Prior to moving forward in the case once you've been sentenced, you should make sure that you understand your obligations.
If you fail to meet them, then you could be considered in violation of your probation. As a result, you could face jail time. If there is anything that you don't understand, you should ask your attorney to explain it to you.
Will I Get Community Service For A First-Time DUI?
The sentence for a first-time DUI will be negotiated by your attorney. Community service is a common alternative sentence. For example, if you would otherwise be serving 10 days in jail, they might allow you to complete double the amount of community service.
This alternative punishment is appealing to many prosecutors simply because Los Angeles County is impacted in terms of DUI convictions, and there are already a lot of people going through the jail system.
If you have physical ailments that limit your ability to perform community service, then this should be brought to the attention of the judge as soon as possible.
If it isn't, the judge may order 30 days' worth of community service, and once you realize you cannot complete it, the judge may decide to just put you in jail, which could compromise your employment and family responsibilities.
If you have any issues regarding community service, then you need to address them as soon as possible in order to get out of the criminal justice system as fast as possible.
Can I Get A DUI Expunged Or Removed From My Record?
A DUI will typically result in a sentence of three years' worth of probation. For more serious DUIs, it will likely be five years' worth of probation.
You are not eligible to get your matter expunged in California until at least one year goes by, and you are certainly not eligible to get your expungement dealt with and the case dismissed until you are off probation.
For example, if you have to serve three years' worth of probation and you want to have the conviction expunged after one year, then you would have to file a motion to terminate your probation early. If the judge granted that, then you could be eligible to get your expungement.
However, the judges and prosecutors aren't likely to allow this, and will instead enforce the full length of probation. Once you have successfully completed probation, your attorney will be able to file an expungement for you.
The expungement must be filled out properly and filed in the right location. Unfortunately, even if it is granted, there really is no such thing as a true expungement for any crime in California.
In other words, expungement means that you can take back your guilty plea, enter a not guilty plea, and have your case dismissed, but anyone will still be able to see that you once had a DUI and that it was dismissed.