Saturday, October 24, 2009

1st offense of Probation Violation?

My husband got charged with DUI in 2006 and had to serve 48 hrs, 5 days of work release and 11/29 probation. Well he missed 2 probation meetings because of work and was arrested with a warrant on 4/05/07 and has been in ever since. We can't get him a lawyer and he said that they wont appoint him one either. Any one have any ideas to what they will do to him when he sees the judge on June 5th? Any answers would help a bunch! Thanks ya'll ( From Tennessee )
Answer:
They will most likely give him his original sentence. If he had 3 years %26 got 12 months probation, then he waill have to serve the 3 years. The parole officer can make recommendations %26 if the Judge is in a good mood they will take it. The parole officer did put in for the warrant remember.
If they will not apoint him an attorney, it means your income is too high. He needs an atorney - try family members.
Did he think they would just let him miss his appointments? They were not suggested times. TN takes DUIs serious %26 rightly so. Good luck!
The judge may or may not follow the reccomendation of his PO, more likely will. I'd talk to the PO and see what he says.
If he cannot afford an attorney one will be appointed to him, it is in the Miranda rights, he aslo needs statements from management why they would let let him go.
in texas it will be as time served for penalizing him. but he can either choose to stay in jail and "pay time served" or pay the fees and costs of probation. the system is all about the money.
If he was truly at work, he should have sent notice from his employer to his probation officer. Work release is work release. The P.O. verifies it and all is well. As a P.O. with 20 plus years of experience, I sense that the whole story is not quite being given here. Ask your husband if there was anything else amiss in his probation terms. Did he, for example, go to a bar, drive without a license, fail to inform his P.O. in advance that his job would keep him from attending the meetings. Did he also fail to keep his AA meetings? There is something more here. I would guess that whatever it is, unles the DUI resulted in a death (and with only 48 hours served, that is not possible), he will get time served in June. I would also guess that the reason that he can't get an attorney is that he probably owes a lot of costs and fines to the court. Those will have to be taken care of, as well as the new charges, at his new court date. Good luck, dear, you are sticking by your man and I give you credit. I sure hope it isn't costing you your life.
What is a 11/29 sentence - never heard of that kind of sentence?

Not showing up for meetings is a violation of probation. He is likely to spend 60 days and jail and released back on probation OR his probation will be dismissed as unsatisfactory.

If there were other conditions of probation that your husband may have violated, he can present evidence to the contrary at the hearing. Not showing up for scheduled meetings is open and shut - no defense would be tolerated. If your husband was ordered to use an ignition interlock device (e.g. husband breathes into a machine before the car starts) and he disabled the device or was caught with alcohol on his breath, there is another open and shut violation of probation.

Your husband is not looking at 3 years in prison BUT he may be sentenced to 3 years minus the time he's been on probation. So, the range is anywhere between 60 days and less than 3 years.

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