What are the possibilities of appealing a 2nd offense violation probation?

Question

My wife violated her probation. She was supposed to do 21 days by turning herself in on the weekends. It was for driving on a suspended license. She didn't do it and was picked up. Now she was senteced for 6 mths. She has been in jail all most 3 weeks. I have filed an appeal. Is this a waste of time and money for an attorney?

Answer 1

I take it that she didn't bother to get an attorney when she pleaded guilty to driving while suspended.

I don't know what state you are in, but in my state, Driving While Suspended, on a first offense, can result in a controlling sentence of up to 180 days, and second offense up to a year. This means, that if she pled guilty to Driving While Suspended, the judge sentenced her to a controlling term of 6 months and then ordered her to do 21 days on the weekends.

I don't know the circumstances of her case, but I can tell you this: if the sentence imposed is within the maximum allowed by your state, if your wife violated the terms of her probation, then she may have to sit out the sentence.

NOW: before you go and just click close.. that being said, a lawyer may be able to help this situation. Unless someone was hurt by your wife, or there are some facts I don't know here, MOST prosecutors don't like to jail people over this. The jails are way too crowded. SO, if you are willing to spend some money, a lawyer who is experienced in criminal/traffic matters may be able to help.

You need to find an attorney who is experience in criminal/traffic matters in your local area. Be prepared to pay a respectable retainer... ($2000 would not be out of line in my area). If you don't know an attorney, contact your local or state bar association for a referral.

Answer 2

relies upon on your unique value and the sentence. often with probation you pass back before the choose that probated you and he imposes the sentence. if your unique sentence became 5 years you will get 5 years probable.