I violated probation on an misdemeanor dui late fines and missed appointed they told me to go to violation of probation

Asked over 3 years ago - Jacksonville, FL

but just received a capias postcard what do i do my fines are paid and have the money for half of probation then all i have left is community service am i really going to jail

Attorney answers (4)

  1. Bram Louis Scharf

    Contributor Level 11

    Answered . If the capias card has a court date then you will not go straight to jail. If the card informs you to report to jail. You should hire an attorney, if you want to stay out of jail.

    If you have enough time to complete your community service hours before you go to court, do it. That alone my get you out of jail once you appear before the Judge. Many factors determine whether you would go to jail. It depends on your criminal history and each Judge has a different philosophy. Having all of your conditions of probation completed other than the monetary portion is extremely important.

    You can also contact your probation officer to find out what he/she will recommend or the possibility of withdrawing the capias. Sometimes, if you complete the conditions of probation, the probation office may recommend an extension to pay.

  2. Richard Earl Hornsby

    Pro

    Contributor Level 17

    Answered . Your best option would be to contact a criminal defense lawyer to try and clear up the capias (arrest warrant) ASAP.

  3. Lewis Lee Lockett

    Contributor Level 12

    Answered . I concur with Mr. Hornsby's response. Contact a local lawyer here in Jacksonville. The word "capias" means that a warrant has been issued from the bench. What a lawyer can do is contact the Judge's office and see if a court date can be set in lieu of you reporting to jail in order to get on the docket.

    Or, a motion can be filed on your behalf to set the capias aside and issue a court date. Your violations appear to be "technical" versus "substantive". www.lockettlaw.net.

  4. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    Answered . While I cannot tell you to expect in detail, I will say that violation of probation for DUI can indeed result in jail in Duval county. I suggest you have an attorney review your case and help you prepare. Feel free to contact me for a free consult, review of your court file, and general advice about going forward.

    (904) 421-6901

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