[mcowen503]

Ok so my wife is on deferred adjudicated probation for a 2nd degree felony offense and has been since last October. She finally fessed up to me that almost a month ago she got a ticket in another county/city and didn't show up for court... when I was going to buy her money order to make her probation payment this month, I got on the county website to get her cause number and found out that a motion to proceed adjudicate guilt and sentencing has been filed about a week ago. Now after more research, I found that in the county/city she got the ticket in she has a warrant for the ticket and a failure to appear. Her probation officer reported a violation and the motion was filed as well as an order for capias. She is scheduled to report Tuesday and her PO did not call her to let her know about any of this and if I wouldn't have been on the website we would have never known until they arrest her. Needless to say, to me it looks like we're screwed but I would like an opinion from someone with experience. Should we hire an attorney Monday? Should I try to pay that other county before she goes in? What should we do because I'm shocked and stunned right now... Is it possible for her Probation to be reinstated after that ticket and failure to appear taken care of? Also, I don't know much about all this but if she is on deff. Adj for five years, does that mean her prison sentence would be five years or is that determined by the judge in court or at a hearing? Someone pkease give me an opinion or an answer as to how to proceed!! Thank you and God bless!

[Fr_Chuck]

It means her prison can be "up to" five years, Most likely actual will be set by the judge, at 2 or 3 and should would serve about 1 1/2 to 2 years. ** but that is just a guess. She could get the entire 5 years.

Yes, I would hire ( well I would have hired one today) but I would hire one in the morning and see if they can get the ticket ( nor warrant) in the other country fixed, ( agree to pay) but most likely she will have to turn herself in and appear and than pay a fine ?

What type of ticket was it, a speeding ticket is a lot different from a DUI or one from speeding in a school zone or passing a school bus.

So once the other warrant is taken care of, most likely she will either be held from other county, or turn her self in for the probation violation, there the attorney will argue this was a error, in not showing up, and that it was a minor issue, not really criminal just a minor traffic ticket. The judge may put her back on probation.

But again, depending on the judge, she could be looking at serious prison time.

[mcowen503]

It means her prison can be "up to" five years, Most likely actual will be set by the judge, at 2 or 3 and should would serve about 1 1/2 to 2 years. ** but that is just a guess. She could get the entire 5 years.

Yes, I would hire ( well I would have hired one today) but I would hire one in the morning and see if they can get the ticket ( nor warrant) in the other country fixed, ( agree to pay) but most likely she will have to turn herself in and appear and than pay a fine ?

What type of ticket was it, a speeding ticket is a lot different from a DUI or one from speeding in a school zone or passing a school bus.

So once the other warrant is taken care of, most likely she will either be held from other county, or turn her self in for the probation violation, there the attorney will argue this was a error, in not showing up, and that it was a minor issue, not really criminal just a minor traffic ticket. The judge may put her back on probation.

But again, depending on the judge, she could be looking at serious prison time.

Thank you so much for your quick response. The ticket was for no insurance and I was not aware that she had let our insurance lapse either. In our town, attorneys aren't open on the weekend so Monday will be the soonest anything could be done... not much time. Before this felony charge, she has only had a hot check charge a couple of years ago so I wonder if they will take that into consideration. So what you're saying is, she'll have to go to that town and turn herself in there and us pay what they want, then an attorney could possibly get her reinstated? We have three children, do you think that might effect anything either? Thanks for the answer!