How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I got a dui in ohio, live in pa. My probation is in ohio. I

Customer Question

I got a dui in ohio, live in pa. My probation is in ohio. I went to dinner with my 24 yr old son and we had a beer( he just came back from iraq) My po from ohio saw me and sent me a letter for court for probation violation. I did not get tested for alcohol this is just by her seeing me.What can happen?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Have you ever failed a urine test? Do you need to abstain from alcohol as part of your probation?





Customer: replied 7 years ago.
No I haven't failed a urine test because they have never given me one. and yes I am supposed to not drink. The only reason I did was my son surprised me coming home and we were out celebrating, I hadn't heard from him for a month and we were really worried. He bought us the beer and I just didn't think because of all the excitement. I know its not an excuse but I haven't been drinking since my dui.
Expert:  Ely replied 7 years ago.
Sure. Well, this is not good, but it's not the end for sure. Your actual PO will read the letter and call you in for a UA. If you fail, the PO will put in a MOTION TO REVOKE COMMUNITY SUPERVISION, i.e., to take away your probation. If that happens, there will be a hearing and if the Judge terminates your probation, you'd be sentenced in according to the sentencing guidelines for your original offense or be given the sentence you already had minus the days you spent before you received probation. It will all fall on the Judge. If this happens, I do recommend an attorney and to explain what happened - there is little you can do to deny it. If the Judge warms to your story, perhaps he'll just admonish you and amend the probation to include UA every two weeks or so.But before all this happens, if you do test positive, talk to the PO and explain what happened - if the PO has a heart (they usually don't), it might not even get to the Judge.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















Ely and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
The probation officer did not call me in to test me. She saw me in the establishment, where they serve beer and food. They did not ask me to test just sent me a letter stating I had to appear before the judge for parole violation because she saw me drinking a draft beer at the resturant. Should I just get a lawyer or see what happens first.
Expert:  Ely replied 7 years ago.
No, no - get an attorney - it looks like they'll skip the UA and will just go before the Judge so that's the hearing I was talking about. DO get an attorney.