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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I am in NY state My son has a DWI misdemeanor and is on probation

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I am in NY state My son has a DWI misdemeanor and is on probation 4 3 years it has been 1 year. He has done everything ordered by the Judge paid his fine victoms impact class DWI class for DMV alchohol eval and went to 10 week early intervention and got certificate. She has shown up to my house several times and tested him no alchohol she give him breath tests and urine tests all negative. He made the mistake of telling her that he had 2 bush N/A beers. Now she wants him to sign papers modifing his probation and to wear a ankle bracelet that moniters his alocohol. He told her that his lawyer told him to sign no such papers and she told him that if he didnt sign the papers that there would be a warrent out for his arrest tomorrow. The worst part is that the Judge and court on the papers are in another town. Not the town in which we live. Getting to the question. Can she really do this I thought first of all in order for a judge to sign a warrent for an arrest there had to be some proof and further more that it had to be in the town where the so called non compliance took place.

While it's speculative on my part, my thought is that the probation officer (PO) is bluffing. The PO is likely trying to force your son to sign the modification papers by telling him that his options are to either sign the papers or get violated. Based on your statements, there does not appear to be a legitimate basis for a violation. As I understand it, he has been making progress on his classes and he has passed his alcohol tests. As to the "beers", they were non-alcoholic and would, therefore, not likely be considered a violation. In short, my opinion is that she cannot "do this" to your son.

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Customer: replied 3 years ago.


Even if she does this doesnt she have to take him to court in the town in which he lives for a misdemeanor violation?

If his probation is violated, it would be prosecuted in the same courthouse that handled the original offense.

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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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