Ask Experts Questions for FREE Help !
Ask
    lbdavid33's Avatar
    lbdavid33 Posts: 3, Reputation: 1
    New Member
     
    #1

    Dec 6, 2011, 08:09 PM
    Possible felony probation violation
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    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's Avatar
    lbdavid33 Posts: 3, Reputation: 1
    New Member
     
    #3

    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's Avatar
    lbdavid33 Posts: 3, Reputation: 1
    New Member
     
    #4

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    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's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #6

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #7

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Felony probation felony violation-what will happen? [ 15 Answers ]

I have a godson whose mother is a convicted felon for forgery/writing checks, and is on felony probation, she was recently arrested, they had a bench warrant out for her arrest. She went to court, plead guilty, and went to court this morning to see what the charges were, they consisted of: usage of...

Probation violation on a felony. More probation or actual jail time? [ 2 Answers ]

My sister in law was on probation for fraudulent use of i.d. (felony in TX). She was just arrest for theft ($50-$500) in another town and served about a week in jail there. She was then extradited back home because she violated her probation. She is currently being held on NO BOND with charges of...

Felony Probation Violation [ 2 Answers ]

I have a friend who is on Felony Probation for a gun charge in New York. He did 6months in prison, and then was sentenced to 5 years probation. He moved to Louisiana with permission from the court system. While in Louisiana, he got a simple possession ticket for a very small amount of marijuana and...

Felony Violation of Felony Probation [ 7 Answers ]

I live in New York state, and this past week, my boyfriend, who is on Felony probation (and has already went through 1 out of 5 years) for criminal mischief, overdosed on heroin. He was caught with 2 bags of herion on him when the EMT and Police came. He then attempted to eat them so that he...

Felony probation violation [ 1 Answers ]

HI my boyfriend is incarcerated on two charges but when he went to court today the DA refused to prosecute however instead of being released he has a court date set for tomorrow for felony probation violation what I don't understand is how they can violate him if the charges he was incarcerated for...


View more questions Search