Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

im on dui probation starting back march 18th and got driving

Customer Question
under revoke last saturday in...
im on dui probation starting back march 18th and got driving under revoke last saturday in another town and county (all in Oklahoma)


should i report it? or will my po even find out and will i get revoked and if so how much time will i do cause i have a 1 year suspended sentence. i had 30 days to do a drug and alcohol evaluation that i still haven't done i have done 165 of my 175 comm service hours but still don't have a job
Submitted: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
6/2/2011
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. 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.

Is taking a alcohol test a part of your regular PO visit?
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
no and all contact with po is by mail and phone cause it's da probation
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
And you did not get arrested, correct? You just went out and had some alcohol without incident?
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
no alcohol was involved with the new charge but it is driving under revoke
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
Oh, I see what happened. You were charged with driving with a revoked license. My apologies.

Whether or not you let the PO know, they will find out anyways - as soon as the paperwork goes through, the PO will know because they will likely be notified.

The good news is that unless you are convicted, it does not count, so there is still some wiggle room here (not much, since the case is pretty open and shut). So whether or not you let the PO know does not matter - they will find out. Because POs are used to individuals constantly lying and trying to get away with bad conduct, telling the PO up front might be a change for them and they will appreciate it, and might go easier on you. But again, it is your choice, of course.

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; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
how much time do you think i will get cause it is a probation violation
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
Hello,

That, I really cannot say. First of all, understand that only if/once you get a conviction, would it count as a violation. The charge itself is not a violation per se, except that if you admit that you were driving without a license, it would be. In other words, unless the PO knows you were driving on a revoked license or the Court finds that you did, it is not a violation yet.

How soon will the PO know depends on the databases used, etc. Likely within a week to two weeks.

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; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
thank you
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
You are welcome. I hope that this and all your other future endeavors work out.
Ask Your Own Criminal Law Question
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
Hello,

I would like to amend my answer:

-your probation likely mandates that you report the incident anyways, and not doing so can be a violation in itself
-while you are on probation, the state can prove the new charge by a preponderance of the evidence, and since here this is a clear cut case, it is likely a violation of probation.

Ergo, my original answer still stands - it is best to report this to your PO. Good luck.
Ask Your Own Criminal Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,932 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Why would a federal judge in Ohio seal a the sentencing
Why would a federal judge in Ohio seal a the sentencing memorandum of a person convicted of healthcare fraud and money laundering for $34-million? From Pacer.gov- SEALED Document: Sentencing Memorandu… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My daughter was just sentenced 11-20-17 for arson of her
My daughter was just sentenced 11-20-17 for arson of her home. She is innocent and has no priors. Are there any early release programs out there that she can apply for? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
My brother was sentenced to 7 year in prison and completed
Hi My brother was sentenced to 7 year in prison and completed 5 … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I was convicted of a felony and was sentenced to 3 year
I was convicted of a felony and was sentenced to 3 year probation. After a year of probation, the probation officer asked court to waive the rest of my probation which he granted the order. My questio… read more
Ely
Ely
Counselor at Law
102,932 satisfied customers
It's been 30 years since the completion of sentence with a
It's been 30 years since the completion of sentence with a first offender pardon that states gin rights must be expressly restored. Please clarify this statement. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I want to understand what happens in a Florida sentencing
I want to understand what happens in a Florida sentencing hearing following a murder conviction. I understand these hearings are transcribed and made available as public record. Where could I find the… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My daughter is serving an eight year prison sentence in
My daughter is serving an eight year prison sentence in Nevada. She has an interstate agreement from Arkansas. Looking for forms to request her sentence in Arkansas run concurrent with Nevada. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Is there some law that will stop a defended being sentenced
Is there some law that will stop a defended being sentenced to prison time if under 27 and has drug charges… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My son was just sentenced to DOC in Colorado. He was not
Hi Pearl! My son was just sentenced to DOC in Colorado. He was not represented by his lawyers and wants to file a appeal and a 35 c on both lawyers. He also is not trusting that his lawyer will file a… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
Is it a mandatory 3 year minimum sentences for 948.12(1m) in
Is it a mandatory 3 year minimum sentences for 948.12(1m) in Wisconsin. What if the person is not a threat to society... can he just get probation??? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
What can a sex offender sentenced in Louisiana with indecent
what can a sex offender sentenced in Louisiana with indecent behavior do to reduce his time? My friend has completed every course offered to him including the SOTP national 18 month course … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Once a certificate of relief is obtained, how then must one
Once a certificate of relief is obtained, how then must one fill out the nics form at the firearms shop? Do you answer yes or no to (have you ever been convicted of a felony)… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
My son is in Montana, was sentenced to 35 years without
My son is in Montana , was sentenced to 35 years without option of Parole. He has served half his sentence. There are circumstances that do point out he was given a extreme sentence, my question is Is… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x