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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3459
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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I got a DWAI spring of 2014. I was sentenced to a year of probation,

Customer Question

I got a DWAI spring of 2014. I was sentenced to a year of probation, 30 hours community service, 24 hours of alcohol classes, and about $900 in fines. I started probation May 1, 2014 and completed my community service and alcohol classes and paid off my fines by the end of 2014. My probation officer was ready to term me out on April 1, 2015 (a month early) but I got pulled over on a littering charge. It was then that I discovered I had lost my license for a month right after my DWAI charge (March 2014). I did everything I needed to do as quickly as I could to remedy the situation and I have my license reinstated. I have to go to court on Friday for violating probation. The DA sent me an offer and it seems extreme-reinstating my probation and giving me 5 days of work crew. I have had no probation violations up to this point, and my probation officer is reccommending that I term out. What should I do? If I don't take the offer what happens? Can I request another court date and get a public defender? I am really trying to do whatever I can to move on from this.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 2 years ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today. Reinstating the probation for how long? Whatever time was remaining when you got the littering charge? Or another whole year? Michael
Customer: replied 2 years ago.

I am not sure. The DA said the offer was to reinstate my probation, I only had a month left, and my probation officer had planned to file my papers to term me out on April 1, a month early. I got the ticket on March 22.

Expert:  Michael J, Esq. replied 2 years ago.
Thank you. It appears that instead of revoking your probation and giving you whatever time you had hanging over your head, the offer entails the probation being resinstated for the remaining time and just adding 5 days of work crew onto it. In the grand scheme of things, that seems to be a pretty good deal if your probation is not being revoked. If you don't take the offer, the probation could be revoked, and whatever punishment you had hanging over your head would now be used against you. As far as a public defender goes, the constitution does not require probationers be provided attorneys for probation violations, so it will be up to the court as to whether they appoint you a defender or not (based on whether you want to fight this or not). I hope this helps. If you valued my time, I'd love a positive review. I'll be happy to follow up if you have further questions. Michael

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