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I have just violated my misdemeanor (DUI) probation for a second time. What should I do?

Atlanta, GA |

I violated my probation for the first time by driving on a suspended license. I reported it to my PO as I was supposed to, and he had me arrested. I spent 3 weeks in jail before I had a probation violation hearing, and the judge let me go with credit for time served. I got arrested again because the police responded to a noise violation in my building and I gave them a false name when they requested my ID. I did not give them a fake ID-- just the wrong name, because I didn't want to be in a police report. After I admitted my real name, they arrested me and took me to jail with no other charges-- I don't do drugs, didn't have anything in my apartment. I do not want to be in jail over Christmas. Is there a way to get a preemptive hearing to at least get sentenced BEFORE I go to jail?

Attorney Answers 3


Your history does not speak of the use of a lawyer as you progressed into this situation. It is apparent that the judge does not want to keep you in jail, but you are making it difficult to avoid. Some form of attitude/behavior modification opportunity, short of incarceration may be available. Get your self a conference with an experienced criminal attorney who might get together with the PO, prosecutor and judge to work something out. I am sure you can find a lot to be thankful for this Christmas, in, or out of jail.

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You should have given your real name. You gave false information to a police officer and that got you into worse trouble than you already may have been. The alcohol programs you are talking about are designed to HELP people and it's clear that they've been trying very hard to help you. Maybe one day you will see that. Please have the good sense to never drive when you have been drinking because it doesn't seem that you can stop drinking. Your license was suspended for a reason. Don't drive!!! It's far more shameful to keep landing yourself in jail than to walk or take the bus.


You need to get a lawyer to try and speak with your PO on your behalf before you get arrested. It may be possible to get scheduled on a "walk-in" calendar before you get arrested. However, this is next to impossible to do without a lawyer. The longer you wait to get help though, the more likely it becomes that you're going to spend tome in jail before a hearing. Please let me know if I can help.
M. Jason Rhoades

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You need a lawyer. Sounds as if your judge takes probation violations seriously: three weeks for a traffic citation is no laughing matter. If that's any indication how severely he/she deals with revocations, you could be looking at significant time based on the new allegation of untruthfulness AND it being your second violation.

Part of the problem is how you are calendared after being arrested. You need to find a lawyer familiar with the jurisdiction, the probation officer, and the judge: it's been my experience that when I have experience with the players I've been able to obtain a consent order on revocation that could significantly cut down the wait. Long story short: get a lawyer. The judge could revoke whatever time is remaining since it's your second.

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