Home > Research Legal Advice > DUI / DWI > Can a DA start demanding you go to probation without judges approval,cuz...
Asked over 1 year ago - Auburn, NY
Flagticketed for DWI and Harrassment 2nd. Plead guilty to DWI, Harrassment charge was dropped. Sentenced to 1 yr. conditional discharge, DDP Program and Ignition Interlock Device (IID)for 6 months. Been working FT, did the DDP class, paid all fines and surcharges, had IID installed, everythign fine for 4 months. Newst IID unit giving faulty readings, company says something wrong w/ unit, but wont replace till its time for recalibrated unit. BF was doing alc counseling for 4 mths, then when sentence didnt require it he quit going. Now we have 2 ltrs from DA wanting to violate cond. dis. due to no alc couns and faulty IID readings. We have heard nothing from Judge yet get a ltr from the Probation dept saying he has to meet with them?
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If probation was assigned to supervise the IID, the letter telling you to be there would be ok. Contact the attorney who handled the case and ask him to contact the DA or probation on your behalf.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net
Going to probation doesn't mean that you are on probation. Only the judge can order you to be on probation and in your case You were not put on probation. However, as a condition of the conditional discharge you were required to comply with the IID. A violation of the CD could potentially land you in jail (and there may be other crimes associated with the IID). It may just be that you are being asked to go to probation so that they can sort out what is going on and write a report for the judge. In either case you should contact your attorney and let him/her k ow what's going on and let him/her tell you what to do. Good luck!
