I was on felony probation and misdemeanor probation. I got a P.I. and therefore they gave me a M.T.R. on my misdemeanor. I completed the C.S.R.P. bond and they dropped the misdemeanor altogether. Now I just got a DWI w/ Opened Container. Will I be revoked on my Felony probation?
No one here has a magic crystal ball--even for our own clients, when we know all about their cases, we can't say if they'll be convicted or not or revoked or not. I'd tend to say it's probably not a real good sign that you've already had an MRP filed against you for the PI, and were given a chance to get that worked out and continue on probation, but now have another, more serious alcohol-related offense. But as to whether you'll actually get revoked, I don't know. It's possible that there's some legal problem with the DWI that it can't be used against you even on the MRP (like it was a bad stop where you never should have even been pulled over, so anything that happened after you were stopped can't be introduced into evidence), or that you have a judge that feels strongly that probationers who appear to have alcohol or drug problems should be given every chance to address their addiction issues before their probations are revoked. And then again, you could have a judge who feels that you've already had two chances to avoid prison and screwed them both up, so is now determined to throw the book at you. If that's the case, and the judge ends up with a legally sufficient reason to revoke you and isn't presented with any good reasons why NOT to revoke you, that may very well be what happens. Now would be a very good time for you to quickly find a good criminal defense attorney who can examine your situation, give you a good assessment of your chances, and negotiate with the prosecutor if appropriate, and make the best case possible for not revoking you if this comes down to a hearing. Good luck.
Yes, your probation will most likely be revoked. The D.A. can file a motion to revoke probation for any violation of the terms and conditions of your probation. A violation can be as little as missing a meeting with your probation officer or as serious as committing a new offense.
a new DWI will most likely result in a MTR your probation. Keep in mind, if a MTR is filed you may not be be able to obtain a bond on the felony revocation. If you were on regular probation for the felony, and not deferred probation, then you will not be able to get a bond. This means that once a warrant is issued, you will have to remain in jail until you handle the revocation issue.
In a revocation, the State can do one of 3 things. They can take no action (which is unlikely since you committed a new offense), they can extend your probation for a period of time with additional conditions, or they can either revoke or adjudicate you on the original felony charge and place you in jail for whatever your exposure time may be.
It is important to remember that a revocation works much differently that an original criminal charge. In a revocation, you have already plead guilty (or no contest) and have agreed to go to prison for a period of time if you violate the terms and conditions of your probation. Therefore, the State does not have to prove you violated a term and condition of your probation beyond a reasonable doubt. The burden of proof is much lower in a revocation.
You are in serious trouble and need an attorney asap. The only chance you may have of avoiding prison time in to fight the new DWi charge and be found not guilty. you should hire an experienced DWI attorney in your area.
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