What should I do?

Asked about 2 years ago - 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. Charles K. Kenyon Jr.

    Contributor Level 20

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    Answered . 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.



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  2. Lawrence A. Newman

    Contributor Level 11

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    Answered . 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... more
  3. Michael Lawrence Doyle

    Pro

    Contributor Level 20

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    Answered . 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. Blake Lamont Kelley

    Contributor Level 10

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    Lawyer agrees

    Answered . 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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