View Full Version : Possible felony probation violation
lbdavid33
Dec 6, 2011, 08:09 PM
I was sentenced to 1yr suspended sentence, 1 yr probation, 80 hrs community service, and drug counseling. Anyway I have been on a clean slate for 7 months,clean urine, always doing my monthly check-ins, finished my community service and recently completed my counseling with good feedback from the coordinators. Then bam! I get pulled over and charged with a dui over the weekend. The following Monday I immediately contacted my p.o to let her know. I asked her if I will be violated she said not yet, let's wait and see what happens in court for your new charge. But I'm extremely stressed of not knowing the outcome. Can someone help!!
Fr_Chuck
Dec 6, 2011, 08:49 PM
If you are convicted of the DUI, in any form, they will violate you. Since it shows you were drinking at the time against probation rules, and also received another criminal charge.
For the DUI itself, most likely susupended drivers license and a large fine. ( if this is your first offense of DUI)
You did not say what your first crime was, I will assume something Drug related, but you risk some jail time there.
lbdavid33
Dec 6, 2011, 09:00 PM
I had a weapons charge. I did not now drinking was against the rules. I was only told about drug use. I even asked her if I could drink. She just told me not while enrolled in substance class
lbdavid33
Dec 6, 2011, 09:04 PM
Also it is my first dui. What if it was dropped to reckless driving? I have hired a attorney but with jail time I'm risking losing my job of six years. And if I go to jail and get out. What is there to do? I'm a felony no one will hire. Might as well just dig myself a grave
Fr_Chuck
Dec 6, 2011, 09:07 PM
Any conviction can allow them to violate you, you are less likely with a reckless driving. But if you are violated, they normally detain you for a few weeks, till a hearing, so even if put back on probation, you will spend a week to a few weeks in jail till the hearing. ** normally happens, but not always.
But yes I would have an attorney on this. But with a good PO anything is possible
twinkiedooter
Dec 7, 2011, 07:01 PM
If your PO is willing to wait before she violates you, she will await the outcome of the DUI but technically since you were arrested you could be violated. Once your DUI case comes to court and you are convicted of any criminal charge you will be violated and have to attend a VOP hearing at which time your judge will determine your punishment which could be more probation or spend some time in jail and then more probation on top of that. Hard to tell as it depends on what your judge originally wrote in your final sentencing paperwork placing you on probation for your first charge. Go back and reread your paperwork and see what the judge had in mind at that time.
Fr_Chuck
Dec 7, 2011, 07:46 PM
I will agree with Twinkie here, the PO could have already violated you, so most likely they don't really want to unless they have no choice from the conviction.