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I am on dwi Probation. i got arrested for VOP a few months ago for a few reasons, will i be put in jail for a 1st time offense?

Buffalo, NY |

My few violations were:
-not getting interlock in fast enough
-driving without a license
-tested positive 1x for drug & alcohol
-didnt show up a few x's to probation
-didn't sign up for victim impact

he has put in a request for revoking me

but since my arrest all my violations i have not faulted on since then & i took care of all the mishaps. PLEASE ADVISE!!!

Attorney Answers 6

Posted

You have not done well on probation so jail is a real possibility. Hire a good criminal defense lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Asker

Posted

when can i do to stay out of jail for my 1st time probation offense?

Posted

First you should talk to your attorney about yor case. If you do not have one you should contact one as you are likely looking at jail time for multiple violations. Good luck.

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2 comments

Asker

Posted

but i have shown a positive correction since my arrest... do you think the judge will have mercy on me?

Ethan Patrick Meaney

Ethan Patrick Meaney

Posted

That will help but the violations still need to be addressed. That's why I would suggest contacting an attorney to assist.

Posted

You could. For the most part, probation will give you a chance. If the violation includes drugs, as yours does, follow up drug counseling will most likely be required. I would agree, with the first two posts, it would be well worth getting an attorney that understands your situation.

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Posted

Probation is considered an alternative to incarceration. Some NY counties still have an ATI office. In any event, the possibility is very real. You might also be "revoked and restored." That is, your current term would be revoked, and you would then be restored to Probation for the original term and for the time you have been in violation.

Speak to your PO and see what you can do to improve your situation. You should also speak to your attorney. He or she will be able to advise you on what you should do to minimize your exposure.

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4 comments

Asker

Posted

what do you mean by ATI office

Christopher Irvin Simser

Christopher Irvin Simser

Posted

Probation was called Alternatives to Incarceration. If you are on Probation, it is presumed you COULD be in jail. This is your last shot. You've been given an opportunity to avoid being in jail by being put on Probation.

Asker

Posted

in your experience... since my arrest i have shown some positive progress/adjustments on the violations the PO stated in his report but he is sticking to revoking my probation will the judge possibly give me a 2nd chance???????

Christopher Irvin Simser

Christopher Irvin Simser

Posted

What you have done is very helpful. However, it is impossible for me or anyone else here on Avvo to say what the outcome in your particular case will be. What I can say is your PO is looking to see what your willingness (and ability) is to cooperate with his or her supervision. Everything you do to demonstrate you can and will follow instructions will help. DO NOT miss appointments, and comply with the IID requirements. All of that will help greatly.

Posted

Yes, you are a good candidate for jail upon resentencing. Contact an engaged DWI attorney.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Asker

Posted

Anything I can do to not go

Posted

Possibly. Hire a good attorney.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

Are there any other possibilities of a non jail sentence

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