He failed to appear at a regular probation visit. He has been in constant contact with his PO. He has had no form of trasportation and his PO knew this. He also just got a job and is supposed to start work in less than a week.
On a misdemeanor DUI, any violation of probation, whether technical or not, exposes the probationer to revocation of the balance. That does not mean the balance will be revoked. The amount of time revoked depends on a variety of factors. A new charge may result in a lengthy revocation; a technical may not, particularly of the probation officer acknowledges the circumstances you describe. You might request a walk-in hearing from the PO instead of waiting for a warrant. Good luck.
Although a technical violation could result in the revocation of the remainder of his probation term, this is not likely. Unless the Judge is especially harsh, given the circumstances they should not seek to put him in jail for any time. The problem is going to be if the probation officer takes out a warrant rather than allows for a walk in hearing. If a warrant is taken out, his probation term is suspended and he will have to turn himself into the jail and sit there until a hearing is set by his officer, which could be weeks. To avoid this, he needs to get in touch with his officer and see what needs to be done to make them happy so that they don't have a warrant issued. Another alternative, if possible, would be to make sure that he paid the rest of his fine and finished all of his community service asap. Then he could file to have his probation become non-reporting to avoid these problems. Either way, he needs to plan on starting to walk to the probation office the night before a meeting and camp out on their doorstep to make sure he does not miss any more meetings.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation.
Robert M. Gardner, Jr.
Hicks, Massey & Gardner, LLP
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Most technical violations can be resolved without jail time if the probationer makes a good attempt to resolve the violation. For example, if the violation is failure to complete community service, immediately volunteer over the next couple of days an knock out 20 hours of community service. I have always founds that a probationer will get jail time when his probation officer or sentencing judge loses faith in him. The key is to show good faith by making an attempt to get the condition of probation at least partially done before the hearing date.
Hiring an attorney can help in the negotiation process. It also shows you have taken the matter seriously. Finally, if taken into custody, your attorney can work on getting you out as soon as possible. Good luck.
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