My son got a DUI 3 years ago and has been on a continual probation/probation violation and once again has messed up. He has a full scholarship for college and we are afraid he won't be able to hold onto the scholarship. He is doing well in college but has to check in with the PO and do a UA weekly for 1 year. He is 22 and doesn't drive or abuse the probation other than to want to have a drink once in awhile. Now he is back in jail and I'm not sure whether I need to hire an attorney again?!? He and I both want this monkey off his back. Any suggestions?
State/Country relating to question: Kansas
Nothing with the latest PV 30 days ago
Hi - my name is XXXXX XXXXX X'm a Criminal Law litigation attorney here to assist you.
How has he violated his probation?
How long was he sentenced originally that was deferred in lieu of probation?
He had been drinking lots of water before his weekly PO visit to hopefully pass the UA and the PO accused him of a diluted UA. My son admitted he has been drinking occasionally. He is on probation for 1 year with weekly visits to the PO, to end 12/31/2012.He got the DUI in 2009 and has been on 12 months probation which he has violated by the end of the 12 months the probation then gets renewed for another year (sigh). He graduated from high school 1 year ago from an at risk high school and then received a full 4 year scholarship. The judge hasn't had much patience with PV's and seems to believe they will all fail. I've been to court every time for my son and honestly think this is a huge expense to tax payers for him to sit in jail for a year.
Ok. Thanks for the information.
Your son should definitely get an attorney because if he has violated his probation, the judge can send him to jail for the entire length of his original sentence - which you said is a year. This is especially more possible if he has had a few previous violations of probation.
It is well within the judge's right to send him to jail for the original sentence. Thus, an attorney is your son's best chance to limit the penalty against him and try to get him put into some rehab program/facility instead of jail.
If this was a first violation, I would say that the judge would likely give him a break, but since this has occurred more than once, he really should consult an attorney and try to work out a deal with the prosecutor to keep him out of jail.
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