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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26946
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am on probation in virgina. I got a open container charge

Customer Question

I am on probation in virgina. I got a open container charge and a speeding ticket in north Carolina. this was a month ago and my probation officer does not know. I have a court date in a few days.. will my probation officer find out after I go to court and pay the fines.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification

JD 1992 :

There is no way to know for sure but if the probation officer runs your record it will show up at some point. How much longer do you have on the VA probation?

Customer:

one year for early termination

Customer:

its been a month and he doesn't know I have court for this on Wednesday. the officer said that I wont be getting arrested just go in a pay some fines

JD 1992 :

You might be able to slide this one past him but not telling him is usually a violation of probation in and of itself.

JD 1992 :

You may want to hire a lawyer to handle the SC case and see if he can work out a pretrial diversion for you where you are never actually convicted, you just pay the fines and then if you don't get charged in SC again it just gets dismissed.

Customer:

okay so go on not telling him and try to just pay off fines? and im wondering since im a college student working three jobs do think that they will go easy on me since its my first offense in the state of north carolina

JD 1992 :

Usually if they give you a pretrial diversion it makes the fines higher because they're cutting you some slack somewhere else.

Customer:

what exactly is pretrial diversion

JD 1992 :

It's like probation except you don't report or anything. You just stay out of trouble and they dismiss it after a certain period of time.

JD 1992 :

Not all courts do it but most will for a charge like this.

Customer:

im freaking ive heard that north Carolina is really leanient on stuff like this so do you really think that I will just get some fines or will they throw me in jail... I know if I go to jail my p.o. will find out but if I just get some fines I think ill be okay

Customer:

im freaking out***

Customer:

will they be able to see that im on probation

JD 1992 :

I don't think they'll put you in jail for this. If they were going to they would have done it when they arrested you. It's almost certainly just fines based on what you've told me.

JD 1992 :

They usually don't pull a criminal history in cases like this so they likely won't even know you're on probation.

Customer:

okay good that makes sense but will they be able to see that im currently on probation

JD 1992 :

Unlikely.

JD 1992 :

It's a lot of hassle to pull a criminal history and they don't usually do it for stuff like this.

Customer:

that's awesome. and will they be able to see my older charges

Customer:

like my criminal stuff

JD 1992 :

If they pull a history, yes. If they don't, no.

Customer:

okay thank you soo much I feel a little bit better now.. would you happen to know the range of these fines

JD 1992 :

No, not offhand and it depends on a lot of different factors and how the cop wrote it up. I wouldn't even want to give you a range because it could be way off.

Customer:

okay thank you so much

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26946
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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