What does sentence revoked mean in a DUI case. I failed to complete my ASAP...can I still complete it? or do i go to jail?

Asked almost 4 years ago - Alexandria, VA

I was arrested for a DUI in 2007 and at the time I had some other family troubles and failed to complete ASAP. looked online and I see that my "sentence has been revoked" what does that mean? AM I going to jail or does it simply mean i have to complete ASAP,that's all i haven't done...I haven't had any other violations...I just haven't completed ASAP.

Attorney answers (4)

  1. Timothy Kevin Wilson

    Pro

    Contributor Level 14

    Answered . This is not good news and it suggests some action, which is adverse to your interest, has been taken by the Court. Without knowing more about your situation it is impossible to know exactly what we are dealing with. When you were originally convicted, you may have been given a restricted license and portions of the fine and jail sentence may have been suspended. If so, perhaps your restricted license has been taken away, or perhaps a warrant for you has been issued which will require you to appear before the Court and explain why the previously suspended fine and jail sentence should not be imposed.

    You need to either go to the courthouse, get copies of the paperwork from your case and determine exactly what has happened in your case, or hire a lawyer to do so on your behalf. There may or may not be anything you can do about it at this stage, but it would seem wise to find out what has happened so you can know how to deal with it.

    DISCLAIMER: This answer is provided as general information and is not to be considered legal advice, nor does it constitute the creation of an attorney-client relationship.

    For important answers to other Frequently Asked Questions about DUI, Criminal and Traffic Offenses in Virginia, visit my website at: http://www.tkevinwilsonlawyer.com/faq.cfm.

    T. Kevin Wilson, Esq.
    The Wilson Law Firm
    DUI, Criminal & Traffic Defense...When Results Matter
    9300 Grant Avenue, Suite 301
    Manassas, Virginia 20110

    Telephone 888-DUI-LWYR
    Telephone 703-361-6100
    Facsimile 703-365-7988

    www.TheWilsonLawFirm.org

  2. Edward Peter Cuccias

    Contributor Level 8

    Answered . It means you've got a problem.

    Your DUI conviction may have had some part of the sentence (jail and/or fine) suspended, contingent upon your general good behavior, no further violations of law, and completion of the terms of your probation.

    If ASAP was not completed, your ASAP counselor may have written to the Judge asking for you to be determined ASAP non-compliant. If accepted by the Judge, a hearing would have been scheduled for you to explain to the Court why the suspended sentence should not be un-suspended.

    If you go to the courthouse yourself to investigate, and if there is an outstanding warrant for your arrest for failing to show up for court, you may be arrested on the spot!

    A consultation with an attorney can help determine the status of your case, and provide you with an informed opinion about about how to proceed.

  3. Karyn T. Missimer

    Contributor Level 18

    Answered . I do not practice in VA, but I may offer some general advice. Sounds like you were on probation for DUI, and your probation was revoked because you did not comply with the conditions of your probation. Usually, you receive a hearing before your probation is revoked. Was there a hearing date and you missed it? If so, there may be a warrant out for your arrest; and/or your probation may have already been revoked.

    You may be given more time to complete the class rather than having your probation revoked. That will depend on many more facts and circumstances than you can/should post here.

    If your probation is revoked, you may receive any sentence that you could have received for the underlying DUI, up to the maximum possible penalty.

    Bottom line: You need to consult with a local, experienced attorney who handles both DUIs and probation revocations. Your chances of accomplishing your goals increase exponentially with an attorney on your side. You may find a suitable attorney through the National College for DUI Defense: www.ncdd.com. Most initial consultations are free. So, you have nothing to lose at first.

    Good luck!

  4. Andrew C Huff

    Contributor Level 12

    Answered . In Washington and most likely in states, once you plead guilty to an offense, you are normally placed on probation and given certain conditions to fulfill. If you fail to complete or violate one or more of these conditions, the Court can find you in violation of your probation and "revoke" your sentence. This can mean various sanctions, including jail or fines as a sanction for your violation. The severity of the sanction depends on the seriousness of the violation, any previous violations, etc. For example, committing a new crime while on probation will probably result in a serious sanction. Failing to complete a class on time is not the most serious violation, but a judge could still hand down a sanction. I would complete the ASAP as soon as possible and also contact your attorney to discuss.

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