I am currently on 11years reporting probation in Philadelphia, PA for the charge of risking a catastrophe. I have a pending DUI charge that I probably will not beat so I am looking at a direct probation violation. I do think that I have some mitigating factors, such as: I am currently in drug and alcohol treatment and I live in a recovery house, I am enrolled in college and achieved honors in fall of 2009. I also have people from the college who are willing to write letters and possibly show up in court for me to attest to my character. What are the chances of my judge reinstating my probation? I know that you cannot give me a definitive answer, I just want a experienced opinion from a legal professional. Thank you for your time and consideration.
Criminal Defense Attorney
You're right, nobody can give you an absolute answer. However, you do have some good mitigating factors that a judge can hang his/her hat on if they wish. Normally a VOP results in a resentencing to jail, however, in your case, if you can show some mitigating factors for being intoxicated (such as you had a designated driver who got loaded and you had to drive, or something like that if its true) then you may have a chance.
Speak to a good defense lawyer before going before a judge.