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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 38330
Experience:  I provide general practice and mediation & arbitration services to my clients.
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I live in Iowa and am on probation. I am going to fail my

Customer Question

I live in Iowa and am on probation. I am going to fail my 3rd drug test in a row but I have a job and my own apartment and vehicle, license etc. what do you think my probation officer will do? She had me attend SSIC classes and I just finished those and the last time I was dirty she had me go to more counseling for some past issues.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your question.

When is your probation generally going to end if you are able to stay clean and maintain the rules and obligations required of you?
Customer: replied 3 years ago.

A little less than a year. my probation officer told me that a halfway house isn't an option because i don't have long enough left on my sentence.

 

Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your follow-up.

This is a very serious situation to be in for you. As this is not a first failure, and you have already been offered alternatives, unless you have a very understanding P.O. who is willing to give you an another chance with more counseling, it is very likely that the P.O. may cancel probation on grounds of you violating it, and will request that you serve out the remainded of your sentence back in jail. As probation has rules and requirements which you have regretably not followed, the P.O at this point has little leeway and choice and would likely attempt to send you back.

I am sorry.
Customer: replied 3 years ago.
Relist: Other.
he doesn't work in iowa and doesn't specialize in criminal law
Expert:  Dimitry Esquire replied 3 years ago.
Than you for your follow-up.

At this time I actually do maintain criminal clients in my practice. The answer that I have provided to you is correct under Iowa regulations since every state permits the probation officers to cancel probation in a situation where the party under probation is not adhering to conditons under the probation requirement. While I can realize your desire that I be incorrect here, the information is very much accurate--this is your third violation and therefore the P.O. will more than likely move to cancel your probation and send you back to jail.

Good luck.
Customer: replied 3 years ago.
you were wron g because i am not in jail
Expert:  Dimitry Esquire replied 3 years ago.
Sir,

You misunderstood me. I stated, quite clearly, that your P.O. has the right and the ability to cancel your probation. Whether he will or not is up to the P.O. The fact that you were not jailed is good for you, and I am happy to hear it, but it does not make my information incorrect--you were still in high risk of having your probation revoked.

Good luck.
Customer: replied 3 years ago.
This is true. Sorry for the misunderstanding. Did you get my payment yet?
Expert:  Dimitry Esquire replied 3 years ago.
Not a problem and it was not an issue. No, I did not receive your payment yet, but I will ask that the moderators assist you with it if you are having difficulty. Good luck!

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