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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 452
Experience:  Managing Attorney at a Law Firm
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I had a dwi in connecticut. That is my second conviction. My

Customer Question

I had a dwi in connecticut. That is my second conviction. My license to drive in Connecticut was suspended by motor vehicle for 45 days. My license in ny is still valid. Can a probation officer have the right to tell me not to drive even though my license is still valid in n.y. Pat
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I got the dwi in Connecticut but live in n.y. Probation was transferred from Connecticut to ny
JA: Have you talked to a lawyer yet?
Customer: Not about this problem
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm on probation for 1 year. I'm doing alcohol treatment and I was ordered 100 hours community service. They keep changing probation officers. I am still waiting for probation to assign me a officer so I can start community service.
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 3 months ago.

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 3 months ago.

Unfortunately, as frustrating as your situation sounds, yes you absolutely need to abide by what your probation officer says.

It sounds to me like they may be trying to enforce the penalty that was instituted in Connecticut over to New York. Are you still within the 45 days in which the Connecticut suspension is in place?

Really what you need to do is get an explicit order from your judge stating what the requirements and restrictions of your probation are, in fact you should have already received this at the time you accepted the plea deal on your case.

If you feel that what the probation officer is now ordering you to do in NY is not in line with the court's order, then you need to have that addressed by the judge, whether you do so through an attorney or on your own. However in the mean time, I would strongly recommend that you follow whatever the probation officer instructs because the consequence of not doing so could be a probation violation, which would mean you would then be re-arrested and have to prove your innocence (for the alleged violation) again-- a headache you just don't want to deal with.

So in the meantime do what they say, but if you know they're wrong, have it addressed with the judge so the issue/ miscommunication can be cleared up.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

Expert:  Nisha Jones, Esq. replied 3 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!