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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23386
Experience:  14 years practicing criminal defense.
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Hello and thank you for your valuable time. I am willing to

Resolved Question:

Hello and thank you for your valuable time. I am willing to pay a bonus for a complete answer.
Backgound: It seems my significant other has gotten himself in trouble with the law. He had an argument with a meter police officer last year over a PARKING TICKET and things got out of control. The policeman exaggerated and told his sergeant my boyfriend tried to run him over with his car . . . and they threw the proverbial book at him. He was charged with simple assault, aggravated assault and wreckless endangerment. The outcome was the felony charge was dropped on the condition he went to anger management classes and also probation for a year (as of Jan 2012 - for 1 yr).

So with that in the way of background - now the new problem: he got a DUI last month. SOOOOOOOOO I imagine this new event is a violation of his probation. His current attorney and I have suggested Rehab to placate his probation officer (and perhaps help him personally in the mean time) - but he thinks it is useless and his P.O. is going to violate him anyway. AND he now plans on NOT showing up later this week for his usual meeting with the P.O. Is this considered contempt?? A new violation??

How much trouble is he in right now? At the risk of sounding pretentious - let me say we are middle class, white collar workers who aren't in the habit of getting into trouble (until now). However - it seems those connected with law enforcement do not differentiate between the "regular" criminal types and those who are stupid enough to do something stupid.

Any thoughts would be most helpful.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Barrister replied 2 years ago.
Hello,

Thank you for using JA. You are correct, the DUI would be considered a violation of his probation terms that prohibits any further criminal offenses while on probation. As for his PO, in my experience as a public defender, the only sure way to get violated is to miss your appointments with your PO as they will immediately file a probation violation for the failure.
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So he would be looking at two probation violations to deal with instead of one. If he meets with the PO and explains that it was a stupid mistake and poor judgment on his part, the PO has the ability to make a recommendation to the judge on the probation violation charge penalty. If he has been compliant otherwise, the judge may give him a weekend in jail to get his attention and then return him to his probation since this violation is not related to what he was put on probation for (other than a vehicle being involved). But if the PO recommends revocation, that will weigh heavily in the judge's decision in the case.
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BotXXXXX XXXXXne is that he will compound the problem if he doesn't go and meet with his PO when he is supposed to and will lose any possibility that his PO would make a recomendation on his behalf.
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Thanks.

Barrister

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If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

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Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

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Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23386
Experience: 14 years practicing criminal defense.
Barrister and 5 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

P.S. I'm sorry - one more question please? IF his PO decides NOT to have mercy on him and insists on incarceration - how long would he have to go to jail? Would he have to remain there until his probation period is over?? Longer?? Shorter??


Thank you

Expert:  Barrister replied 2 years ago.
Well, this is entirely up to the judge. But with the financial problems most states are having, I would opine that they wouldn't want to incur the costs of incarcerating someone for a non violent offense for very long. If the judge does violate him, it would typically be for enough time to get his attention, but not the entire probated time. I would expect 30 days or less for a first probation violation. Maybe only a weekend or two.
.

.

.

Thanks.

Barrister

.

If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23386
Experience: 14 years practicing criminal defense.
Barrister and 5 other Criminal Law Specialists are ready to help you

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