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SmithEsq
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience:  Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
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My gf got a DUI in the orlando area (first offense). She moved

Customer Question

My gf got a DUI in the orlando area (first offense). She moved to NYC (with permission) but didnt not complete her MADD classes or her community service in time, she has now violated her probation. Can she clear this all up from NYC? Or does she need to go down to Florida? Is she going to have to go to jail at all? She is very scared and I am very worried for her. Would like to get this all in the past.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  SmithEsq replied 1 year ago.

SmithEsq :

Hi! I'm A licensed professional and will be assisting you with your question today. I'm sorry for the trouble your going through. Before I can give you my best answer I just need to ask you a couple of questions, if that's okay.

SmithEsq :

When was she convicted and when was she due to do the classes and community service?

SmithEsq :

How much time did she have to complete the classes and community service?

SmithEsq :

When you are back online, simply enter your answers in the box below. When we are all finished, and you are completely satisfied, kindly rate my answer at that time 3-5 stars so I get credit for my work. until then, please provide the above information so we can get started.

Expert:  SmithEsq replied 1 year ago.

Come back to this page to view our conversation and any other new information.

What happens now?


Expert:  SmithEsq replied 1 year ago.
Hello! I see you have seen my questions and response above. I understand it is a holiday so I understand if you don't have time to get to the question and provide me with some more details, but, whenever you get the chance, if you would provide the details I asked above I can get to work more quickly in helping you. I look forward to working with you!
Customer: replied 1 year ago.

She was convicted in I believe in June 2012. She had 5 months to do the community service from july-december and was supposed to do the MADD class in by august, but the only available one around us was in Oct. She says the probation people have her address and her parents address but she has never received anything from them at either address. Also when she looks up her warrant online it apparently says her address is unknown.


 


When I look up her warrant info online, this is what I get:


 



Offense: Traffic Offenses



Reporting Agency: POLK CO SO



Agency Case #: XXXXXXXXXX /div>


Date of Warrant: 01/24/2013


Warrant #: CT11001862BA
Expert:  SmithEsq replied 1 year ago.
From what you've said and shown me she has an active arrest warrant for violating the terms of her plea. I'm not sure if she's actually on probation or if you are just using that term to mean the terms of her release, as some people do, but they are not the same. Violating the terms of your plea will create an arrest warrant. Meaning, if she gets pulled over and they run her license, it will show up that she is wanted. Now, one thing I can't tell you is if NY can see her Fla. warrant. Or any other state for that matter. However, if she steps foot in Fla she could be arrested on the spot. But it doesn't end there. Just because she has a warrant doesn't mean she'll go to jail. The judge has enormous discretion in sentencing her and after she has explained what happened to her lawyer and he conveys an argument to the judge, the judge can reinstate her release with the same terms, new terms or no terms at all. They can give her permission to fulfill her obligations in NY, which is what she should have done in the first place. Avoiding the court and the judge is not usually advised, though we can't give advice on this site, only information. Her story will work better if she makes efforts to return herself to the court, rather than being dragged in by the police. These things happen a lot so if she can show she had circumstances beyond her control and will make good the judge can try again. He also could give her the jail alternative that was given to her at sentencing, but that is less likely to happen if she goes voluntarily and with proof of her situation and appears honest of her intent to follow through.
Expert:  SmithEsq replied 1 year ago.
One last thing for now, your question is about to time out. I'm going to request that it remain open since we only just began talking. If you are happy with the service I have provided, kindly rate my answer 3-5 stars so I get credit for my work, is all I ask. Thank you so much. If you ahve any follow up questions, ask them in teh box below.

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