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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27005
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Im on probation and got pulled over for driving on a suspended

Resolved Question:

I'm on probation and got pulled over for driving on a suspended license. thing IS HE never issued me a copy so I had no idea of a court date. I found out that I have a warrant on me for failure to appear in court. Is this a mandatory jail time for me or will there just be a fine and show where I'm attending drivers classes?
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 :

No. it's not mandatory jail time although if you are on probation it would not be at all unusual if they issued a Motion to Revoke which resulted in a warrant along with the warrant for failure to appear.

JD 1992 :

You could, theoretically, get probation for this as well.

JD 1992 :

The crime itself is more serious than a regular ticket since it carries a possible sentence of up to three months in jail and a $250 fine if it is the first time you've been charged with this specific crime.

Customer:

I"m on probation for shoplifting charge. I was pulled over and cited for DUI and license revoked. I've been taking the required tests to get my license back. ThE DAY I got pulled over he didn't give me anything or any paper and let me go. I had no idea that I was to go to court so can't I do something about that.

JD 1992 :

You can argue that it violated your due process right to notice but the cop is going to swear that he gave you a copy.

JD 1992 :

Just be prepared for that.

Customer:

so you feel that I will be facing jail time for this

JD 1992 :

No, not necessarily. If you hire a lawyer they can probably get the judge to life the failure to appear since you hire them. That's the way it usually works.

JD 1992 :

The DUI is going to be an issue though since you were on probation already.

JD 1992 :

I don't know about your specifics but most probations don't allow you to consume alcohol and definitely don't allow a DUI.

Customer:

Oh no that DUI was in limbo for months. I wasn't drinking and driving this time at all. and under no influence at this time.

JD 1992 :

Oh, okay. I misunderstood.

JD 1992 :

If this was only for a DWLS then if you get a lawyer they can probably avoid any jail time.

Customer:

So do you believe they will let me pay a fine and no jail at all.

JD 1992 :

If you handle it yourself, probably not. They will likely require a few days in jail.

JD 1992 :

What usually happens is they put you in jail for a few days on the failure to appear and then let you back out.

Customer:

THank you. Then my best bet is to hire an attorney and let him handle this for me. DO you have any idea what that charge would be for me here in KY

JD 1992 :

My guess as to attorney's fee for this is $500 on the low end and $1500 on the high end.

JD 1992 :

It depends on how easy the judge and DA are to work with.

Customer:

Shew this is so hard for me. The shoplifting charge was a set up. I live in a very small county. I had broken up with and his family is well known. He followed me into a store and slipped put in ONE earring that I had no idea and when I checked out they got me. He had left. But no matter they still took me to jail over a .99 cent earring.

JD 1992 :

That's a shame. You definitely need a lawyer then.

Customer:

Yes I do but I'm scared because the judge that I will have to go in front of is best friends with the ex. I am a model and this family has it in for me every way. Is there anyway I can get it switched to a different county from where I was cited. The cop that pulled me and did this to me is best friends to the family. I know this was a setup from them.

JD 1992 :

No, you can't change counties on a criminal case. You could ask your attorney to file a Motion to Recuse the judge, but anything extra is going to cost extra.

Customer:

then i'm screwed.

Customer:

ok one more question. Can I allow my hired attorney to try and handle this without me being there

JD 1992 :

On some things. Most official proceedings you would have to be there but on something like trying to get the FTA warrant withdrawn it could be handled "behind the scenes".

Customer:

that's what I thought. Ok thank you. ANy advice you have for me that could help me out?

JD 1992 :

No, not other than getting a lawyer ASAP. The longer you wait the more trouble it is going to be.

Customer:

Ok I'll take care of that asap. THank you.

JD 1992 :

You're welcome.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

Customer:

I will thank you

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27005
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 2 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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