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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27770
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Fiance on probation months ... a month ago he got pulled

Customer Question

Fiance on probation for 24 months for DWAI... a month ago he got pulled over for speeding and driving on a suspended license unknowingly.... was not aware he needed to report this to his po. Went in for a checkup and was issued a summons to court for probation
violation what can we expect
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.


Your fiance has been arrested on a new charge and additionally, he never reported his new arrest to his probation officer. That's two reasons for a violation, one technical and one for the new case. Probation usually will adopt a wait and see attitude towards a new case rather than lodge a violation just for the arrest. If your fiance had no way of knowing about his suspension, he may ultimately be able to beat this case or bargain it down to a traffic infraction, which probation wouldn't be all that upset about.

Still, it's hard to second guess what probation will do. They are a very powerful agency and have an arsenal of sanctions at their disposal. What they will do in your fiance's case will depend upon what happens to the misdemeanor charge as well as many other factors, such as his personal and criminal background and history and the facts and circumstances of the DWAI case, how well he's been getting along with his probation officer, whether he's been in good over all compliance with the terms of his probation before the violation or whether he's given them trouble before (and how much of it).

What's key, however is whether probation is willing to keep working with him. If he's violated and probation does want to revoke his probation and get him resentenced, he would have the right to a hearing on that issue. A judge can overrule probation if he or she wishes to, so heshould have a lawyer at his hearing who can make an argument for something less drastic than a revocation, such as house arrest.

Customer: replied 2 years ago.
Thats just it...yhe vop never arrested him. He was given a citation to apear in court he took his lisence that morning. Warmed him about driving and left. By 1 pm he had his lisence reinstated. He just o er looked reporting this to his po
Expert:  Zoey_ JD replied 2 years ago.

"Just overlooking" reporting a new crime to probation is a technical violation that can get his probation revoked. I understood from your original question that he is still at liberty. But he's been violated and there will be a hearing on the matter.

What will happen will depend on the factors I already discussed and will all come down to whether probation is still willing to work with him or whether they are ready to give up on him. If the latter, they will ask that your fiance's probation be revoked and make a recommendation to the judge as to the time they want him to do. It is good that his license is restored, but that does not mean that the DA will automatically now dismiss his case.

If that happens, the judge has the power to overrule probation and to restore him to probation. They do not like going against probation, but they will do it to prevent an injustice. That's why he's best off with a lawyer at his hearing, as I already indicated above.