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I have a court date coming up for a VOP for my 1st DWI since then i have corrected & am i track for rehabilitateing myself

Buffalo, NY |

But my PO has requested the court to revoke my probation will the judge consider what i have done since my VOP & recommend something else other than Jail??? Please help and advise i've been hearing all sorts of different things i have no priors other than a DUAI 4 years ago

Attorney Answers 5


  1. The Judge will consider everything. Retain 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.


  2. I would get into a rehab program, prior to court. This is your second drinking-related offense, so you could face some Jail time. Hire an attorney prior to appearing before the judge.


  3. It depends to a large extent what the VOP is for. Consult with a locally experienced DUI attorney to give yourself the best chance. Good luck.

    Jasen Nielsen


  4. Many times it is just easier to do the time. So you negotiate for a brief jail stint - 30 days. 3 hots and a cot, no responsibilities, a free gym. What more can you ask for? Then, when you come out, the pesky PO is out of your hair, because you completed your sentence. So if you go off track, you don't have to worry about the PO visiting you, urine analyses coming up dirty, being violated, nothing. All you have to do is not get arrested whenever you are doing whatever it is you do that is illegal. Think about it.


  5. Attorney Palumbo has hit the nail on the head.

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