[apricotjam]

'm looking for legal information regarding a recent probation violation. In July, I was arrested for DUI, pled guilty without counsel present, thinking if I was honest, did my time, and faced my punishment, it may have meant something since I took responsibility for my actions.. big mistake. I was placed on supervised probation, and have paid the probation fee of a 140.00$ every month. I am not behind on any payments, respectful to my probation officers, wear appropriate clothing and try to be on my best behavior. I drove this one time trying to get my son some Pepto Bismal for his upset stomach. I had no idea when his Daddy would be home, and he'd already had five runny bowel movents.. so I broke the law. I thought perhaps the judge would be lenient on this matter, She is known for her zero tolerance, but also is an advocate for kids. My husband will lose his job, resulting in us losing everything. Do you think if I hire an attorney specializing in probation revocatoin coul possible help me get house arrest or dotwo weeks when the kids are on holiday, then weekends for the rest of the sentencfe.. coul a lawyer argue for me a house arrest situation, especially if I ofered to cover the monitoring fee? Thanks for any info you can give me asap

[joypulv]

I can't answer to the probability of an attorney getting what you hope for you, but do think that you should spring for one.
I'm responding because I want to address your belief in excuses. It's hard to imagine the court (PO, judge, anyone) being willing to listen to or believe any given reason for violation. You are making a huge leap of faith to assume that because a judge is an advocate for kids that she will have any regard for your story (if you even get to tell it). An attorney will know what is relevant to the court, and the courts, being very crowded, prefer to deal with attorneys so that they don't have to listen to inexperience. It's tempting to drive a truck through all the holes in your story but that isn't the point - you broke probation.

[excon]

Hello a:

I didn't know pepto was contraband... In any case, if that's all it is, I'm sure the judge won't make you go to jail... But, a lawyer won't hurt... Maybe he can get pepto thrown off the contraband list.

excon

PS> Ohhhhh... Driving was the violation - not the pepto... Silly me... My advice hasn't changed, though...

[twinkiedooter]

To see exactly what the judge was thinking the day she sentenced you to probation you need to go back and reread your original sentencing paperwork. The judge made it clear in black and white what she may do to you if you should break your probation. If that includes jail time then that's what she had in mind. If you have no other arrests or convictions other than this one time DUI she may just put you back on probation or make you sit in jail for a 30 day stretch.

Don't understand why your husband would lose his job over you going to jail. I'm sure you could hire someone to take care of your kid(s) while you are gone. It's not the end of the world if someone goes to jail. There are other options available to those left "outside" to deal with someone who's "inside".

[apricotjam]

Oh I'm sure they've heard it all, and in the end, I broke the law... my main concern is for my children and where they will stay on the nights he works 12 hr swing shifts... their Grandmother lives in another town, and they'd have to transfer schools.. I did wrong, I deserve my sentence, I just want to request that I do it either on weekends, spring break or intense volunteer service.. house arrest.. anythinng to remain with my children. Could these be options for first time violation?

[apricotjam]

Oh and by the way, thanks for all of your info

[Fr_Chuck]

Been a police officer and more for years and never heard the term

[Fr_Chuck]

You bluff and lie and when it is all over you brag that you did a lot better than you really did.

What is with the almost silly criminal investigation questions, most have little to do with what really happens, it is more like TV police work questions

[Fr_Chuck]

When they are a suspect and prior to being questioned.

[Fr_Chuck]

One is with a witness, the other is with a suspect


If you are doing this for some class, then look in your book, since it will most likely be different than real life police work answers.

After hours and hours of police science in college, graduate of the Federal Law Enforcement Academy, and even two State Academy,

While the state was closer to real life, there are no fancy titles, you question both, your questions are more from things like the TV show "Dragnet" than real life

[Fr_Chuck]

There is none that is "least acceptable" they are either acceptable or they are not allowed due to a violation of process.

One is as good as the other as for as acceptable,
The jury may believe some over others

[excon]

Hello w:

When they plan on using the answers in court.

Exon

[Fr_Chuck]

In what state, the way Juv are dealt with varies by state laws also, in some they are not actually arrested, merely detained for Children services

Next what age of the juv, that makes a difference also

[Fr_Chuck]

In the cases where the person is believed to be a witness, not a suspect, they may be questioned about what they saw and about the crime without any requirements, at the point the officer comes to believe the person is a suspect then they are suppose to give the rights.

Also not giving it, merely stops what is told from being used, it does not automatically get the case dismissed.