probation violation?

Question

I have been convicted of 2 DUI's, I was sentenced to 90 days house arrest and 2 years probation. After my house arrest was done. I was seen in a local bar by a probation officer. I met with my probation officer, she made me see the light. I felt it was over. Now I get a letter, 6 weeks later, that I have to go to a hearing for probation revocation. What should I expect to happen? I have no other charges, have not been in trouble. And when I am tested for alcohol I am clean

Answer 1

It is likely that you have a probation term that requires you to not be in a place where alcohol is the primary item sold (such as a bar or liquor store). Where I work, that is a VERY common term amongst probationers whose probation is due to alcohol charges. If your probation officer is on your side, now is probably a good time to get in their and sell your case to him or her. You will need them on your side when you go to court.

It is likely that a term of your probation included a suspended jail or prison term (jail time that you will have to serve if you mess up on probation) - almost all probation does. If so, you may be looking at jail or prison time.

Answer 2

What you've described sounds pretty typical for the time delays between probation meeting & notice of revocation.

So... who saw you, will that person testify, and did you admit to your probation officer that you were present at the bar? Can you claim that the bar is actually a restaurant?

Probation is a matter of grace and not one of right, and it's ordered in lieu of jail. The judges have broad discretion in my state, and they can a) take no action, b) order additional terms to the probation orders, c) revoke probation and order up to the full sentence minus any jail credits, d) continue probation and order a short jail period (e.g. ten days), and e) revoke probation and close the case without progress.

Bottom line... call some attorneys in your area.

William Maze

BTW, if you're in Michigan, it sounds like Novi.

Answer 3

Depending on where you live you may just face your probation violation and an extension of your probation. In most states part of your probation is to not use/drink alcohol especially since your offense was DUI. You may get more house arrest depending on the judge. Don't look a gift horse in the mouth next time.

Answer 4

I have been convicted of 3 dui's and I got my 2nd when I was on phelony probation. I got 180 days probated for 2 years. But if I were you I would go into a care unit thats the only thing that saved my ***. So good luck!!!!!!

Answer 5

The judge usually does whatever the probation officer suggests. So go to your probation officer and talk it over. Hopefully you can persuade your PO to give you a break and you'll be fine. If the probation officer seems unmoved and wants to suggest jail then go to AA and bring the certificate with you to court and tell your lawyer about all of this immediately.

Answer 6

it must be, yet this can land up being a discretion issue on the component to the Probation Officer. he will have questions for particular, one condition of probation is be regulation abiding and a rushing cost ticket skill he wasn't. in the experience that your pal avoids the PO he ought to nicely be violated. If he talks to his PO about it the worst i have self belief if receives, if he has been clean in the different case, is a sturdy chewing out.

Answer 7

considering you have no other violations you should have nothing to worry about but now a days dui's are taken very seriously... If they cant prove you were drunk or under the influence of anything then you might get off easy...good luck buddy!!

Answer 8

If they can't prove you were drinking not much. Did they test you on the spot? Talk to lawer or free legal aid.