[kathyjoycee]

My brother just had his 3rd DUI charge last year. He served house arrest and has been on probation for 1 year.Now he is in jail for a warrant due to violation of probation because he did not pay the court fees and DUI class. My mom just past away in a car wreck and my brother has no money. What do you think will happen when he goes to court for Misdemeanor Charge. He was put in jail with no bond,he will be in there 7 days on the day he goes back to court.

[JudyKayTee]

He violated his probation - he can be sentenced to the original time, he can get a warning and be put back on probation, he can served the original time PLUS time for the violation. Hard to say.

I'm sorry you are going through all of this - your brother in trouble and the loss of your mother - but I think he is going to face some consequences.

[adthern]

Sorry for your loss. I think he will likely be violated. The misdemeanor charge being the VOP or something else? I am reading this to mean he hasn't paid the fees and has not attended the DUI class (though it could be that he hasn't paid for the DUI class). If he has failed to meet any of the conditions of probation the judge has the ability to impose whatever sentence is allowed from the original sentence. Your mom's death while sad and may mitigate some recent inability to comply, does not excuse his lack of complicity over the last year.

If he does get another chance, he should take care of the remaining conditions of probation, even if that means paying 5 dollars a week, even a showing is better than nothing. Also, he can ask that the judge allow him to do at least some of the fees through community service.