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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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missed my probation appoitment

Resolved Question:

missed my probation appoitment
Submitted: 6 years ago.
Category: Legal
Expert:  Sam replied 6 years ago.
Chat Conversation Started
Sam :

Hi

JACUSTOMER-4grdl8wa- :

hey

Sam :

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?

JACUSTOMER-4grdl8wa- :

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

JACUSTOMER-4grdl8wa- :

said he already sent the report to the courts

Sam :

I see

Sam :

Wow. They already reported you as absconding?

Sam :

Non reporter?

Sam :

Alright. So now you have a court hearing pending on the violation?

JACUSTOMER-4grdl8wa- :

ya

JACUSTOMER-4grdl8wa- :

and my attorney i have is not really helping me out that great

Sam :

Well, I cannot tell you what to do. But I can answer any questions you have.

JACUSTOMER-4grdl8wa- :

well what is the court most likely to do

JACUSTOMER-4grdl8wa- :

are they going to impose jail time or what

Sam :

Well, they can. And here is the thing

Sam :

If you do not have any proof where you really were and that you were not drinKing

Sam :

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

Sam :

But I can guarantee you, that would be your last chance

Sam :

You will need verification that you were at worK til what time and that you also are employed at two jobs

Sam :

It may help you

JACUSTOMER-4grdl8wa- :

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

JACUSTOMER-4grdl8wa- :

and it may help me out

Sam :

Yes.

Sam :

If anything will that would be the thing

Sam :

And if you have any witnesses that you were home asleep

JACUSTOMER-4grdl8wa- :

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

Sam :

and not intoxicated

Sam :

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

Sam :

the court may impose any suspended sentence

Sam :

And it does not have to allow any good conduct credit for the time you were on probation without incident

Sam :

Though it may.

Sam :

So whatever the suspended sentence was and perhaps less some of the time you were on probation

JACUSTOMER-4grdl8wa- :

What if there was no suspended sentence though

Sam :

There had to be a suspended sentence to be on probation

JACUSTOMER-4grdl8wa- :

they put me on supervised probation until i was done with my treatment classes

Sam :

The sentence is suspended and probation granted

Sam :

What was the initial conviction for? A DWI?

JACUSTOMER-4grdl8wa- :

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

JACUSTOMER-4grdl8wa- :

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

JACUSTOMER-4grdl8wa- :

the appointment i missed was the first time i was going down to meet my po

JACUSTOMER-4grdl8wa- :

for this incident

JACUSTOMER-4grdl8wa- :

the judge said he was placing me on supervised probation until i was finshed with my treatment classes

Sam :

You can get 5 years

Sam :

but there should be a suspended sentence

Sam :

For which the probation was granted. So you might want to review that in the courts

Sam :

Then if you violated the probation, you could get 5 years

JACUSTOMER-4grdl8wa- :

how could i get 5 years

Sam :

Because you were dwi? Right? Is that your original crime for which you were convicted and given unsupervised before the supervised probation?

JACUSTOMER-4grdl8wa- :

yep

JACUSTOMER-4grdl8wa- :

but i got that a year ago

Sam :

Alright and then you violated and placed on supervised.

Sam :

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

Sam :

You continue to violated

Sam :

A dwi is a serious offense. You were given a breaK. Twice. If you were the Judge what would you do with you?

JACUSTOMER-4grdl8wa- :

the last violation i got was not for drinking though

JACUSTOMER-4grdl8wa- :

had nothing to do with drinking i was done in court until i missed this appointment

Sam :

I understand that. But we need to go to your original conviction.

Sam :

Why were you on probation unsupervised?

Sam :

That is the conviction.

Sam :

That is what a sentence for violating will be based upon

Sam :

All of this is a result of that conviction, right? or was there another conviction in between unsupervised and supervised probations?

Sam :

From what I can tell you violated the probation on the original convictin

JACUSTOMER-4grdl8wa- :

ok

Sam :

Therefore, any sentence that was suspended a year ago may be imposed

Sam :

Are you sure you understand? Because I want you to fully understand

JACUSTOMER-4grdl8wa- :

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

Sam :

Yes

Sam :

Correct

Sam :

Good.

JACUSTOMER-4grdl8wa- :

all because i was late to a po appointment

JACUSTOMER-4grdl8wa- :

that sucks

Sam :

Not only that. You have now violated twice

Sam :

once on the unsupervised and the court gave you the benefit of the doubt

JACUSTOMER-4grdl8wa- :

no i still had jail time and fines with that one

Sam :

and then said supervised. But now you did not show up

JACUSTOMER-4grdl8wa- :

that was why i had to go back to treatment

Sam :

well, whatever the court wants to give you as credit on the 5 years suspended

Sam :

They don't have to give you anything

Sam :

other than the jail time, maybe

Sam :

So how long were you in jail when you violated the unsupervised ?

JACUSTOMER-4grdl8wa- :

7 days

Sam :

Oh

Sam :

Well, then it could be the 5 years less 7 days

Sam :

It is totally at the discretion of the court

JACUSTOMER-4grdl8wa- :

ya no i got it thanks

Sam :

Good.

Sam :

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

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