Alright. And so what has happened? Why are you on probation? How long have you been reporting? Why did you miss it? And what is the question?
well i was on unsupervised probation violated it by drinking what to court got that handled had to go back agian becuase i let my brother use my car he blew in my interlock wrong and i got a violation so after that they put me on survised probation. This was going to be the first time i was suppose to go see him. i missed it bacuse im working to jobs got off at 5 set my alarm for 6:40 and it never went off i woke up at 9 to see if he could still fit me in and he couldnt
said he already sent the report to the courts
Wow. They already reported you as absconding?
Alright. So now you have a court hearing pending on the violation?
and my attorney i have is not really helping me out that great
Well, I cannot tell you what to do. But I can answer any questions you have.
well what is the court most likely to do
are they going to impose jail time or what
Well, they can. And here is the thing
If you do not have any proof where you really were and that you were not drinKing
they will need to have only you word for it. Unfortuately, based on what you have told me about your past and the interloc, etc I would have to say I beleive a judge may impose the suspended sentence. However, if you are employed, he may give you another chance
But I can guarantee you, that would be your last chance
You will need verification that you were at worK til what time and that you also are employed at two jobs
It may help you
ok so when I go to court for this violation i should bring down all the paperwork that shows im in complaince and that i was at work at the time
and it may help me out
If anything will that would be the thing
And if you have any witnesses that you were home asleep
and if they were to impose jail time on me any idea how long it could be i mean i dont know the seriousness of showing up late to a probation appointment is
and not intoxicated
Well, you called but the agent is not going to play games with anyone, apparently. So that is why the report was made as fast as it was. If your probation is terminated
the court may impose any suspended sentence
And it does not have to allow any good conduct credit for the time you were on probation without incident
Though it may.
So whatever the suspended sentence was and perhaps less some of the time you were on probation
What if there was no suspended sentence though
There had to be a suspended sentence to be on probation
they put me on supervised probation until i was done with my treatment classes
The sentence is suspended and probation granted
What was the initial conviction for? A DWI?
i violated my unsupervised probation by drinking and i have an interlock my brother blew in it not when he was drunk i let him use my car to get to work and he dosent understand how to use it that is what they put me on supervised probation for
is because he blew like 5 times init and it came back on the report as a violation with no bac reading what so ever
the appointment i missed was the first time i was going down to meet my po
for this incident
the judge said he was placing me on supervised probation until i was finshed with my treatment classes
You can get 5 years
but there should be a suspended sentence
For which the probation was granted. So you might want to review that in the courts
Then if you violated the probation, you could get 5 years
how could i get 5 years
Because you were dwi? Right? Is that your original crime for which you were convicted and given unsupervised before the supervised probation?
but i got that a year ago
Alright and then you violated and placed on supervised.
So the point is you have a 5 year sentence hanging over your head for the dwi, because you have not successfully completed any probation
You continue to violated
A dwi is a serious offense. You were given a breaK. Twice. If you were the Judge what would you do with you?
the last violation i got was not for drinking though
had nothing to do with drinking i was done in court until i missed this appointment
I understand that. But we need to go to your original conviction.
Why were you on probation unsupervised?
That is the conviction.
That is what a sentence for violating will be based upon
All of this is a result of that conviction, right? or was there another conviction in between unsupervised and supervised probations?
From what I can tell you violated the probation on the original convictin
Therefore, any sentence that was suspended a year ago may be imposed
Are you sure you understand? Because I want you to fully understand
ok im understanding now so im looking at the full penalty of the orginal conviction of the dwi and the 5 years of suspended jail time that they gave me
all because i was late to a po appointment
Not only that. You have now violated twice
once on the unsupervised and the court gave you the benefit of the doubt
no i still had jail time and fines with that one
and then said supervised. But now you did not show up
that was why i had to go back to treatment
well, whatever the court wants to give you as credit on the 5 years suspended
They don't have to give you anything
other than the jail time, maybe
So how long were you in jail when you violated the unsupervised ?
Well, then it could be the 5 years less 7 days
It is totally at the discretion of the court
ya no i got it thanks
If you have further questions, please post here. Otherwise, please remember to accept as that is the only way I get credit for my information, time and effort in this matter
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).