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dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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how serious are the consequences and what is typical for a

Resolved Question:

how serious are the consequences and what is typical for a probation violation due to not reporting that you moved out of the count as well as getting a DUI?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  dkennedy replied 7 years ago.



Just to clarify, he wasn't checking in with probation for several years?


He also got a DUI in the meantime?


Now, he realizes there's a warrant and wants to turn himself in?

Customer: replied 7 years ago.

correct on all three. It was informal probation so he never had an actual probation officer. He has been on probation for over three of the five years sentenced. The initial charge was possession of marijuana with intent to sell. The DUI occured in July of 2008.

Thank you.

Expert:  dkennedy replied 7 years ago.



If his probation is revoked, he may very well be looking at completing the full sentence of his underlying charge. Many people think that if revoked, a person just has to complete the remainder of time left on probation, but that isn't true. For instance, if he had a 5 year suspended sentence and put on probation, then he would be looking at going to prison for the 5 year sentence.


He could also get a lesser time, or be ordered to go to a half-way house or something like that.


There is also a possibility, of course, that they will just let it go and put him back on probation.


What happens depends on his other criminal history, his work history, the court's intentions, and other things.


I wish I could be more specific, but sometimes people who have a terrible record, history of problems and everything else, get out of trouble on their probation revocation. Other times, for the least little thing, the court throws the book at them.


He should prepare his best presentation to the judge about how well he is doing and how he has turned his life around. I wish him the best.

Customer: replied 7 years ago.

Thanks, XXXXX XXXXX your time. Would you recommend we seek legal counsel as opposed to letting a public defender work on his case?


Expert:  dkennedy replied 7 years ago.



I think public defenders get a bad name. Many of them are very experienced, hard working attorneys. He should talk to his assigned attorney and if he gets a bad feeling about it, think about other counsel. Public defenders often know the judges' well, in that they know how to present the best case in front of which judges.


There are those that are new, and those that are uncaring, inept and so forth. But, all in all, he may have just as good or better chance with a PD.



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