Can we get probation reinstated after being voluntarily revoked

JenniferG · #1 Jun 24, 2008, 05:58 PM

We live in North Carolina and my husband was given two structured boxcar sentences and then probation for a misdemeanor DWI charge. Our attorney advised to serve the time for the DWI because he would not have to serve the entire sentence, so my husband and our lawyer went back to court and revoked the probation and elected to serve the time for the DWI. This was over two yeas ago. Now that my husband would be getting out in Nov 2008 because the structured sentencing charges would be done with he was wondering if he could go back and have his probation reinstated so that he would not have to stay in the DOC another five or six months after Nov 2008?

confused1145 · Jun 24, 2008, 08:49 PM

Definitely contact that attorney. Something might be able to be done. I'm not sure how NC works. That makes no sense that the attorney even did that.

twinkiedooter · Jun 25, 2008, 03:09 AM

Criminal attorneys sometimes have weird scenerios when it comes to time their clients have to serve (but they don't personally have to serve). Can't believe that he would op for more time for his client rather than probation unless he felt that your husband was not a good candidate for probation and would mess up. His attorney had some kind of game plan but that is not working now as circumstances have changed. What does the attorney have to say about the new circumstances? Is he going to fix this for free or is this going to incur new attorney's fees to fix this?

JimGunther · Jun 28, 2008, 08:54 PM

That's certainly a weird one, I was a probation officer for seven years and never heard that one before!

The attorney needs to file a motion for reconsideration of sentence. A hearing will be held in front of the judge who imposed the sentence and the judge will decide whether or not to go along with the attorney's request.

JenniferG · Jun 30, 2008, 04:37 PM

There was a lot of stipulations with the probation including $ 7,000.00 in restitution to the victim's advocacy program, 3 years probation some of that intensive, subject to warrantless searches and a lot more. I guess the lawyer just figured it would be better to serve the time than the probation and it seemed better at the time, but now my husband just wants to be home for Christmas. He starts the DWI charge Nov 6, 2008 and they have him eligible for parole Dec 12, 2008 so we will see how that goes. NC really does not have parole but post release supervision. I have called the parole board to see what the likelihood is that we will make parole and they said he will get out when he gets out!

Thanks for responding to my question



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