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Is there mandatory jail time for a first offense probation violation?

Perrysburg, OH |

My drivers license is currently suspended for 2nd OVI conviction. On that conviction, I was sentenced to 100 days, 90 of which on suspension. While suspended, I was charged and convicted of first offense SOL. I served 30 days for that offense, and have another 150 on suspension. I realized that I now face a probation violation for the SOL, because I was on probation for OVI. My lawyer for the SOL, who I will not retain again, said the original 90 days suspended for the OVI conviction, will not kick in because it would have to a similar charge to the original charge, such as another OVI. If this is true, what am I looking at in terms of punishment for violating probation. Do you think I will have to do more jail time? Maybe just a fine and warning since I have already done 30 days? Scared

Attorney Answers 2

Posted

It isn't mandatory, but your probation officer may violate you. If you are violated you could face up to the entire suspended part of the sentence. That's what they mean by "suspended" - you still got that sentence, but you didn't have to serve it yet. It's left on the table so the court can impose it later if you violate.

Whether you're violated is up to your P.O. The time you get or don't get is ultimately up to the judge, who will listen to input from your P.O. and from you or your attorney.

@BangerterLaw

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Posted

Jail time is discretionary--but your facts alone insinuate a lot of violations in a short time. You have reason to be concerned. I would expect some jail time from the bench--they do not tend to be sympathetic, particularly with an SOL violation of occupational driving privileges. Good Luck--but remember, your former attorney didn't get behind the wheel--you did. Don't blame him--this violation falls upon you!!! Good Luck.

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Curt Perri Bogen

Curt Perri Bogen

Posted

Comment--if I were you--I'd not go to Court without local counsel--goes a lot further with the Judge--and this is a discretionary call for the Bench.

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