I passed the BAC of .08% could not afford to retain a lawyer so I had pleaded "No Contest" and went to Diversion class. I completed the program and now I have to wait for a year before I go back to court and the case will be dismiss. I was arrested May of this year.
Am I on probation for a year?
2007-09-14 00:51:24 · 8 answers · asked by Danny A 1 in Politics & Government ➔ Law Enforcement & Police
The reason I asked is because Im applied for US Citizenship and Immigration officer had asked me to send him a proof that I am not on probation. All I know is that I was never convicted of DUI and went to Diversion instead.
2007-09-14 01:32:40 · update #1
The reason I asked is because I applied for US Citizenship and Immigration officer had asked me to send him a proof that I am not on probation. All I know is that I was never convicted of DUI and went to Diversion instead.
2007-09-14 01:32:58 · update #2
It is impossible to prove a negative. In the U.S.A., a person is presumed to be innocent until proven guilty (a positive).
The burden of proof is on the accuser, NOT the defendant.
2007-09-14 01:36:37 · answer #1 · answered by credo quia est absurdum 7 · 0⤊ 2⤋
Your status is, or is something like, an adjournment in contemplation of dismissal. Keep sober, do your training, don't get busted, and the charge gets dismissed. Probation is a disposition that is akin to a jail sentence, except that you don't go to jail as long as you comply with the terms of the probation. The difference is that a person on probation has been convicted, while you have not.
2007-09-14 08:25:21 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It doesn't sound like it, but I'm not entirely sure.
My friend totaled her car from excessive drinking and she was put onto probation for a year. From what she told me, it seemed different from your situation, however similar in ways. She had to go to an AA meeting, as well as a driving program. Also, she had been assigned a probation officer that she had to check up with randomly a couple times in the year she was on probation.
I'd say no, since from your question you weren't given a probation officer and you'd probably know for sure if you were on it or not. My friend was also underage, so it was more severe.
Hope that helps.
2007-09-14 08:04:26 · answer #3 · answered by Carl W 2 · 0⤊ 1⤋
Usually they tell you if you are formal probation....
However, if they're offering to dismiss the case in a year, then you need to make sure that you keep yourself really, really clean.
If you get arrested again, the judge can choose to keep the DUI on your record, which can have negative consequences for a long, long time.
So make it a habit to avoid drinking and driving. Always.
Good luck.
2007-09-14 08:12:06 · answer #4 · answered by nicolemcg 5 · 0⤊ 1⤋
Basically, what you got was a suspended sentence. Should you get caught again within the one year, you will also still have this charge and any consequences that go with it. You are not on probation though.
2007-09-14 10:28:48 · answer #5 · answered by sensible_man 7 · 1⤊ 0⤋
If the judge didn't mandate probation in his/her court judgment, probably not. But you still should check with the court you appeared in to make sure.
2007-09-14 08:04:13 · answer #6 · answered by Michael K 5 · 1⤊ 0⤋
Contact the court handled this case. They should be able to tell everything about it. Also they can fax any information to the Agency that wants to know.
2007-09-14 08:45:12 · answer #7 · answered by Unit 77 2 · 1⤊ 0⤋
If you ever have to go back to court, maybe paying attention would be a good idea.
2007-09-14 08:06:52 · answer #8 · answered by Anonymous · 0⤊ 1⤋