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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33055
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am not sure what type of attorney. My question is regarding

Customer Question

I am not sure what type of attorney. My question is regarding a hearing for a probation violation as a result of a traffic violation
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Is there a specific question with which I could assist?
Customer: replied 1 year ago.
yes. I have a friend who is sitting in county jail waiting for a hearing for probation violation. he got a OVI (dui) in ohio in 2014, was sentenced to probation, but shortly moved out of state and didn't know that he was to report for probation. there is a probation violation hearing scheduled for Monday. I am trying to find out what to expect, etc. etc.
Expert:  Dwayne B. replied 1 year ago.
If he moved out of state without permission and didn't report for his probation visits, which would also likely mean he didn't pay his probation fees, maybe not his fines, didn't do his community service, etc.The chances are 90%+ that the judge is going to revoke his probation and sentence him to the original amount of time. In other words, if he received "one year sentence, probated or one year" then he is likely going to be sentenced to the full year and get credit for any time he has served.He certainly will want to either hire a lawyer or ask that one be appointed. His chances of getting less time increase with lawyer but there is only so much a lawyer is going to be able to do in a case like this.If you have additional questions please ask them in this thread.
Customer: replied 1 year ago.
he didn't know (never received any notification) of probation and wasn't told he couldn't move out of state. according to public records, the sentence was 3 days jail, license suspension for a year, probation as long as he owed the court money
Expert:  Dwayne B. replied 1 year ago.
That is an odd sentence so the lawyer might have something to work with there, as far as the indeterminate sentence. The not moving out of state, conditions of probation, etc. are explained at the first probation meeting where the probationer is asked to sign a "terms of probation" sheet. I'm not sure what you mean by "he never received notification of probation" and the public records showing he had probation as long as he owed the court money. His lawyer will likely want to look at the transcript of the sentencing hearing because the judge usually informs the probationer at the hearing that they are on probation and often tells them where to go to report to probation. In addition, the plea bargain papers usually state that there is probation and then have a place for the defendant to sign.
Customer: replied 1 year ago.
ok thank you
Expert:  Dwayne B. replied 1 year ago.
You're very welcome. He definitely wants to mention the indefinite sentence as to the amount of time on probation. That may save him since a sentence must be specific. If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.