I have been on Probation for about 6 months, for a DUI, I have completed 40 of the 80 hours of community service, I have completed the victim impact panel and the you impact panel. Iam on a payment plan with my probation officer to pay 293.84 a month in which I have done the only thing I have not finshed or started is my DUI course and had my car impounded for 10 days.. This past Tuesday July 5th 2011 I went in when my color was called and blew a .03 my probation officer wants to violate me and have a warrant issued for my arrest, the judge told me upon sentencing if I failed Probation he would sentence me to 9 months in jail. Iam a single mother of a 6 year old little girl I have held the same job for over 4 years and the same home for over 3 years in which all 3 I will lose please help!
General Practice Lawyer
Well you should not have been drinking alcohol on probation. So you should be prepared to heed the Judges warning and he will most likely sentence you to 9 months in jail. As with any action such as alcohol there are consequences.
Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship. Thank You
Criminal Defense Attorney
You should hire an attorney to represent you in this matter. You also should stop making statements online, as the things you say can be used against you.
The judge may, in fact, sentence you to 9 months in jail. Before he does, however, you have the right to a hearing on the issue of whether the state can prove that you violated your probation. You also have the right to a hearing regarding what your sentence should be. At your sentencing hearing, your attorney can tell the judge all of the reasons why sending you to jail for 9 months is not an appropriate punishment. Your attorney can talk about your family, your remorse, and your successes as a probationer. Your attorney may also be able to work out a deal with the prosecutor before you ever get to sentencing.
I have to believe you were represented by an attorney on this DUI charge. Speak with himj or her now. No one is in a better position to give you advice on this than the attorney who represented you on the initial charge. Further, your attorney will be well acquainted with this particular judge and will be in a good position to answer your question (e.g. what kind of punishment am I looking at?).
In the unlikely event you are not represented by an attorney, retain one now! A local attorney who practices before the judge in question would likely be best.
Get back into that DUI course NOW and get as many hours completed as you possibly can. Perhaps the judge will give you a break if you are committed to your rehabilitation. Saying you want to change is one thing, but making real efforts toward change is quite another. Good luck.
Disclaimer: The information contained in this answer is not legal advice, does not establish an attorney-client relationship and is offered for informational purposes only. Individuals with questions or problems in any area of the law should consult a qualified attorney licensed to practice in the individual's jurisdiction.