1. I just got a call from a friend of my son's. They were stopped last night on the way back from dinner. when the officer gave the driver a warning, he said it was for following too close. she said there weren't any cars in front of theirs?? but the officer checked all the passengers ids. is this legal? #2. my son is on probation for a DUI and the officer said there was a warrant on him, which he knows nothing about, and so he was taken to jail and can't get out. Since this is a violation, can you give me some idea of what will happen? He is in Cartersville, GA and I am in Orlando, FL. thank you, very much.
Criminal Defense Attorney
According to what the violation is for, he could be facing serious jail time on a revocation of his probation (up to the balance of his probation time left). Since he is on probation, he is also going to remain in jail until the probation hearing unless something is done to get him out now (e.g., probation bond or dismissal of the warrant for compliance, etc.). Your son needs retained counsel to attempt to get him back out before the holidays. A public defender is not likely to attempt any movement on the case prior to the court date on the revocation, which is likely to be several weeks from now. If I can be of assistance, call me at 678-334-1399.
DUI / DWI Attorney
You will have to post a bond on the probation violation in order to get him released from jail. Bond will be set once he is arraigned. Find a bond company in Cartersville. I'm sure they can take your payment over the phone and they will post the bond as soon as it is on the system. Once he is released, he is going to need to hire an attorney to represent him on the PV. He will be given written notice of the grounds for the violation and he and his attorney can address those from there.
As far as the underlying traffic stop, it sounds like he will be in a swearing match with the officer about whether it was valid. It's really irrelevant as to the probation violation itself. And yes, the officer has the right to ID all of the passengers in the vehicle.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
6 lawyers agree
DUI / DWI Attorney
What will happen depends on the nature of the violation and the reason for the warrant. If he merely failed to report or complete some aspect of his probation, it is possible that he may be given the opportunity to resolve the issue without any additional punishment. However, if the warrant was for failign to appear at court on a new offense, then he will be dealing with that case and the probation violation. Find an attorney where your son is to help. Good luck.
5 lawyers agree
Criminal Defense Attorney
This has to do with the reason for the warrant, rather than the stop.
Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!
When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.
I doubt that this particular incident counts as a violation.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
--- Facebook Page
--- Talking to the Police - Advice from Lawyers and Police
--- Miranda Rights (and Wrongs)
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
Click on the “more” link below for more important information about the answer and AVVO.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.