Skip to main content

Violating probation

Decatur, IL |

Since December 17th I was charged with 2 domestic violence, unlawful restraint. They are violating me of my probation. The night this all happend my girl friend was drunk, and I was trying to help her home. Once we got home she left while I was in the bathroom. I was shocked because he werent arguing the whole night, I call her phone and get no answer, I was worried about her because she had quite a bit to drink that night. After an hour she tells me she is with her ex lover, and she is at her friends house. She agreed to talk to me in my truck, after talking she agreed to go back home, because we have two kids to take care of. On the way home we start to argue a little she jumps out the truck. The police came to my house saying i was hiding. What will happen if i plead not guilty?

Attorney Answers 4

Posted

If you plead not guilty to the probation violation, they will hold a hearing to determine if you violated the conditions of your probation. If you plead not guilty to the new charges, you are entitled to have a trial where the DA would have to prove your guilt beyond a reasonable doubt.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

Mark as helpful

1 lawyer agrees

5 comments

Asker

Posted

My probation was because I attempted to elude an officer back in 2010 and I had a DUI. The attempting to elude the officer was a felony. Now they are trying to recharge me for attempting to elude the officer due to these new charges hence probation violation. They also are stating that my license were suspended when they were clearly expired and I renewed them. If I go to trial which I plan to, does my girlfriend have to testify? i havent had contact with her since this happned but she mailed me a letter she filed in the courthouse saying she wanted to drop charges, also tells my father that she wants to testify in court saying she lied on the report becuase she was drunk that night and was mad at me. does this all look good on my part?

Richard C. Southard

Richard C. Southard

Posted

She cannot drop the charges - only the state can drop the charges.

Asker

Posted

ok, but seeing that she lied on the report, wouldn't this look good on me? I tried helping her when she was drunk.

Richard C. Southard

Richard C. Southard

Posted

It would if they believe her now. Frequently in DV cases the accuser recants and the DA doesn't believe them and threatens them with being arrested themselves for filing a false police report.

Asker

Posted

Yes, I know a lot of people try to drop charges but only the DA can. I'm 100% not guilty. Yea they probably hear that a lot. My public defender has t talke with me now if she doesn't talk to me by my court date do I have an right to a continuance?

Posted

It is precisely as my colleague has stated. If you don't have a lawyer, you should get one. www.galivanlaw.net

Mark as helpful

1 lawyer agrees

Posted

YOU NEED A LAWYER! This is not something you can research online and then handle yourself.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

I have a publice defender already. Just been nervous awaiting pre trial. Figured some of you might know how this might play out.

Posted

I had a similar case years ago when I did occasional criminal defense work. Do not speak about your case to anyone even on this anonymous forum. If you cannot afford a lawyer, then of course you will be represented by the public defender. It is implied that the girlfriend reported the incident, and there is very likely an Order of Protection. Comply with this order. Stay away from this person. Sadly, it seems, this person is not really your friend if the facts you have given are accurate.

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

Mark as helpful

1 comment

Barry Cahn Boykin

Barry Cahn Boykin

Posted

You will need a family law attorney to consult with about the children that you have together with the witness. Visitation must be handled carefully and by court order when there is an Order of Protection in place.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics