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I have a question about violation of probation. Dui under…

Customer Question
Hello I have a...

Hello I have a question about violation of probation

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

Dui under 1,5

Lawyer's Assistant: In what state did the DUI occur?

FL

Submitted: 25 days ago.Category: Criminal Law
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Answered in 5 minutes by:
5/31/2018
Criminal Lawyer: Nisha Jones,
 replied 25 days ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,185
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed.Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 25 days ago

Can you tell me a little more about your situation, or particular legal question? Thanks!

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Customer reply replied 25 days ago
hello Mrs Nisha thank you for your time
I habe a charge of DUI under 1.5 I finished all my requirements to finish probation the only thing I have left is 2 hrs from the 10hrs I got assigned for alcohol treatment everything else I finished I was asked to preform a drug test by my alcohol treatment consultant and she Called me last week and said the it came positive and that she has to inform my probation officer
Criminal Lawyer: Nisha Jones,
 replied 25 days ago

I'm sorry to hear that. Are you wondering about what may take place from here?

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Customer reply replied 25 days ago
please and I would like to know what do you recommend I am really trying to fix this and not escalate it I was almost done with everything , its my first charge f any kind in my life I really can't risk going to jail I have my mom and pets that completely just depend on me and on my food cart
Criminal Lawyer: Nisha Jones,
 replied 25 days ago

Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 25 days ago
thank you so so much
Criminal Lawyer: Nisha Jones,
 replied 25 days ago

Once the positive result is reported back to your PO, they will most likely issue a probation violation.

Once that is issued, a warrant will be issued for your arrest. Your PO most likely will call you to inform you, and request that you come in to their office, where you'll be taken into custody.

Once that occurs, a probation violation hearing (PVH) date will be scheduled.

Unfortunately you can be held in jail without bond on a probation violation charge.

At the PVH the prosecutor will try to prove that a violation did in fact occur, they can call your PO, the person from the AA treatment program as witnesses, as well as present evidence of the results of the test.

You will also have an opportunity to rebut their claims and present a defense.

The judge will then make a ruling on whether or not a violation occurred -- and will issue a sentence accordingly.

Your probation could be revoked, you could be given a longer probation sentence, or jail time, or you could simply be reinstated to probation with a warning.

If this is your first violation, and if you were almost done with your probation period and all the terms of your probation, then it's possible you may just get off with a warning or with a short extension of your probation time.

In any event, you should contact your lawyer now to notify them of the pending violation, so that they can prepare your defense and be present for your PVH.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 25 days ago
the arrest warrant is a must ? or do I have a chance ?
Criminal Lawyer: Nisha Jones,
 replied 25 days ago

At this point it is in your PO's discretion, but unfortunately yes, they will most likely issues a violation for this, in which case you would be taken into custody and held for the PVH.

I hope that helps clarify! Let me know if you still have any questions about this.

If not, don't forget to rate so I can be credited for my time and help with your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 21 days ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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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.

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