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What should I do?

Cookeville, TN |

I was convicted of a DUI and was sentenced to 48 hours, fines, drug and alcohol assessment, and 12 months probation and a DUI school. I completed all requirements paid all fines and complied with probatin meetings after three months I had a drug test and failed for marijuana. Now I have been informed I have a warrent out. I know I have to turn myself in but I don't want this to ruin the rest of my life by being sent to jail for a year and losing my job, house, etc. Just want if I should turn myself in immediately or contact a lawyer first? Plus how likely it is that I would be kept in jail without release if I do turn myself in?

Attorney Answers 4


  1. Best answer

    It is likely that you would be released from jail to go to work.

    You should first contact a lawyer, but do not delay on this. It is far better if you turn yourself in than if you have to be picked up. Not every probation violation results in the probation being revoked.

    And, to quote your mother: "What were you thinking?"

    Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!

    When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.

    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

    Thank you.

    --- Experienced Criminal Defense Lawyer in Madison, Wisconsin
    http://addbalance.com

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm


  2. Definitely consult with a TN lawyer before you do or say anything. A VOP (violation of probation) is serious. Probation is usually in place of jail so Courts and Prosecutors see your failure as a need for harsher correction/punishment.

    That said, they must prove you violated. The extent of your violation, the underlying reason, and your relationship with probation will all likely be factored in your case.

    Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL http://www.ithacainjurylawyer.com http://www.ithacadwi.com The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


  3. I am not sure of what your prior record is like and therefore I am not sure how likely jail would be. You need to consult with an attorney in your area regarding the specifics. An attorney could arrange a turn in for some situations. This may assist in getting you released earlier. Especially, if you were not notified that you failed and had a warrant out.


  4. Your question requires much more information, such as what County and much more to be answered most accurately. Contact an experienced criminal defense attorney in that jurisdictional area immediately.

    I'm not your attorney and the answer above is fact dependent.

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