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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3461
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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My son violated his probation with a DUI while driving with an OLL license. We have not ye

Customer Question

My son violated his probation with a DUI while driving with an OLL license. We have not yet received the charges, but he should not have been drinking, let alone driving, as well as misused his limited use driver's license. He is 20 years old and resides in PA. What are next steps?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 2 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.
I'm sorry to hear about your son's situation. :(
Are you asking if there are any steps you need to take? Or just generally what will happen next on the part of the State?
Customer: replied 2 years ago.
We are waiting for official charges, so not much we can do. We were told that we will not receive any paperwork from the police for 2+ weeks. My main concern is his well-being and therefore, rehab is top priority. I am a little surprised that we have not heard from his probation officer. Should we be doing anything at this time? When should be expect to hear anything from probation? The judge who heard his original case told him he never wanted to see him back in court, so that has him and us concerned
Expert:  Michael J, Esq. replied 2 years ago.
Thank you.
There is nothing the State needs from you at this time.
When the case is processed, his probation officer will be notified. Often, defendants in this situation decide to contact their PO on their own and let them know what happened (if they have a decent relationship with them). This can sometimes soften the blow. The PO does not HAVE to revoke the probation and it will be several weeks as well before the PO gets the info and makes a decision (they have lots of clients, usually).
Taking proactive steps like rehab it often a good idea, but first you'd need to make sure he is allowed to leave the city/county with pending charges and a possible hold from the PO. Also, many rehab facilities won't take clients with pending charges.
I hope this helps!
If you valued my time, I'd love a positive review. I'll be happy to follow up until you're completely satisfied.
Customer: replied 2 years ago.
Thanks ... we have found a rehab center to accept him once a bed opens within 30 minutes of our home. So it appears we have done what we could by contacting his PO. At this time, he must ask for permission to leave state but can travel in PA without seeking permission. I was a bit surprised that when he was stopped and they found he was on probation, they did nothing other than pull his license (not for DUI, but because he was not suppose to drive aside from to and from work).
Expert:  Michael J, Esq. replied 2 years ago.
They arresting officers don't have anything to do with overseeing the probation, so that doesn't surprise me. They only care about the current offense.
Good luck to your son!

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