Can I write a letter to a witness in a VOP explaining why I am on probation?

Asked about 1 year ago - Miami, FL

I was on DUI probation for a charge that was given to the wrong individual(me). Long story but I was not driving a caravan that ended up stuck in a ditch. I was arrested for DUI along with two others for trying to remove the van from the ditch.

I had no record but the prosecutor was furious that no one would say who was driving. So I accepted a plea and a probation term instead of facing a felony DUI charge. I was recently arrested for petit theft and the charges were dropped and "no-filed". The prosecutor wants jail time for the probation violation.

It would help if the witness of the petit theft (food at a festival) knew the story behind my probation. Can I or someone write her a letter only discussing the DUI events and subsequent probation?

Attorney answers (4)

  1. William David Umansky


    Contributor Level 19


    Lawyers agree


    Answered . Not even sure that would help. You should really hire an attorney for the probation violation and let the attorney advocate to the prosecutor regarding both the underlying charge and the silliness of the new charge considering it was no filed by the state.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Justin Gary Hausler

    Contributor Level 16


    Lawyers agree


    Answered . It's not a good idea to write anyone a letter. You need to follow the advice of a defense lawyer. Let your lawyer communicate for you.

    Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be... more
  3. Robert Jason De Groot


    Contributor Level 20


    Lawyers agree


    Answered . Watchout. Even contacting a witness could be considered witness tampering. You really need to hire an attorney for the vop.

    R. Jason de Groot, Esq., 386-337-8239
  4. Jesus Novo III

    Contributor Level 14


    Lawyers agree


    Answered . What you should really do is hire counsel. Contacting a witness could be perceived as a crime itself (tampering with a witness), so I would suggest you do not attempt that. Your story sounds like you have made a few mistakes, you should start doing things right and the first step is to hire a competent criminal defense attorney. Good luck.

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