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Mike19801980 · Jun 15, 2012, 03:05 PM

I was convicted of dui misdemeanor but never enrolled in my work release program as promised. Now I have a bench warrant. It has been about 18 months since my sentence. I also have a dui fine that I did not make monthly payment as promised. My question is, when I show up to court, will I be arrested if this is my first probation violation of any sort? I am ready to pay $1,000 upfront towards my fine of $1700 and want to get re-instated to do the work release program again. What are the chances of me getting a second chance? Please keep in mind this is my first probation violation. I never had any problems with the law ever besides just minor traffic tickets. Thank you!

smoothy · Jun 15, 2012, 03:17 PM

Originally Posted by Mike19801980

I was convicted of dui misdemeanor but never enrolled in my work release program as promised. Now I have a bench warrant. It has been about 18 months since my sentence. I also have a dui fine that I did not make monthly payment as promised. My question is, when I show up to court, will I be arrested if this is my first probation violation of any sort? I am ready to pay $1,000 upfront towards my fine of $1700 and want to get re-instated to do the work release program again. What are the chances of me getting a second chance? Please keep in mind this is my first probation violation. I never had any problems with the law ever besides just minor traffic tickets. Thank you!

Yes, you will likely be sent to jail.. and you should be.. you clearly don't grasp the severity of your crime.. or the importance to do what the court tells you. Maybe some time in jail will help you understand.

Mike19801980 · Jun 15, 2012, 03:19 PM

Originally Posted by smoothy

Yes, you will likely be sent to jail..and you should be..you clearly don't grasp the severity of your crime..or the importance to do what the court tells you. Maybe some time in jail will help you understand.

Are you a lawyer?

smoothy · Jun 15, 2012, 03:29 PM

Are YOU... You have an active arrest warrant out on you... they can arrest you at the 7-11. On the sidewalk... or in your own house. They don't have to wait for you to show up at the courthouse to do it. And the warrant WON'T expire.

If you were smart... you would HIRE a lawyer... and have them negotiate an agreement to turn yourself in at an agreed upon time and place... you won't get a better deal than that. If they get you on their own... they will throw the book at you.

Mike19801980 · Jun 15, 2012, 03:32 PM

Originally Posted by smoothy

Are YOU.... You have an active arrest warrant out on you....they can arrest you at the 7-11. On the sidewalk....or in your own house. They don't have to wait for you to show up at the courthouse to do it. And the warrant WON'T expire.

I'm not a lawyer, but have spoken to plenty and all of them have agreed that I will not serve any jail sentence since this is my first violation and I'm looking to get this matter resolved. I understand that I can be arrested if caught driving and blah blah blah... but seeing that you are just stating your opinion, I respect that, but if your not a lawyer or someone that has been in my EXACT situation, please don't answer. THANK you

excon · Jun 15, 2012, 03:52 PM

Originally Posted by Mike19801980

I was convicted of dui misdemeanor but never enrolled in my work release program as promised. Now I have a bench warrant. It has been about 18 months since my sentence.

Hello Mike:

Work release means you spend the night and weekends IN jail. So, this isn't a matter of whether you'll do jail time.. You'll do the jail time you were sentenced to. The question is, will they approve you for the work release program a second time? Maybe after 30 days or so... But, 18 months is a LONG time to be on the run. I think they'll make you PAY for that.

Before you ask, I ain't a lawyer.

excon

smoothy · Jun 15, 2012, 03:52 PM

Believe what you want... its clear you don't grasp the seriousness of what you did... maybe your future cellmates will believe you... They don't issue arrest warrants if they don't plan to put you in jail.

AK lawyer · Jun 15, 2012, 04:06 PM

Originally Posted by Mike19801980

... if your not a lawyer or someone that has been in my EXACT situation, please don't answer. THANK you

I am a lawyer. And I can tell you that asking for advice in a public forum like this and then, when you get it, dismissing it because it doesn't come from a "lawyer" is an amusingly dim-witted response.

Actually Smoothy is a lawyer; he just doesn't happen to be an attorney. A lawyer is someone who knows quite a bit about the law. Smoothy falls within that category. An attorney is someone, like myself, who is licensed to practice law. But lawyers are licensed to practice in one or more of the 50 states. Since you didn't say which state you are in, advice from a "lawyer" (or attorney) might not be any more reliable than advice from a non-"lawyer". It would depend on whether that lawyer knows anything about what might happen to you at wherever location in which you are situated.

paulina1988 · Sep 28, 2012, 06:22 PM

Hello I was wondering how did the whole situation turned out?

Fr_Chuck · Sep 29, 2012, 02:19 AM

Have not heard from him, guess he is in jail, and not on a work release, which is what would have happened in real life.

This was not just first violation, but a continued violation every day he did not go into the program. I am surprised they did not even add an escape charge for not turning his self in when ordered.

So just having to serve first sentence will be lucky

excon · Sep 29, 2012, 04:55 AM

Hello,

It wasn't really a violation... It was an escape.

excon