My fiance is on probation for 2 (3rd Degree Fel) & 1 (2nd Degree Misdemeanor), can this violate his probation? He received a simple Traffic infraction for driving at an unlawful speed and a Ticket for Never having a drivers license, which is listed as a second degree Misdemeanor. He has never missed an appointment, community service hours are finished, and we will be paying his probation off two weeks before we go to court for the Never had a license issued 2nd degree Misdemeanor. Also, if he pays the infraction and gets his license before the court date, do you think the judge will throw out the Misdemeanor case and let him continue on with his probation?
Any new crime is a violation of probation. The charge of no valid DL will violate him. He needs to hire an attorney to get ahead of this issue and try and resolve. No one can guarantee how judge will handle the violation but he needs to be proactive and hire an attorney to attempt to get in front of the issue as soon as possible.
whether you retain an attorney or not, it will help tremendously if he gets a valid driver's license, shows it to his probation officer. He will be violated, but they may decide to file a Rule To Show Cause rather than arresting him. He needs to ask his probation officer if they would do that instead of an arrest.
Yes this is a violation of probation. Your fiancé should retain a criminal attorney to represent him. Most AVVO attorneys offer a free initial consultation. Call one of us today. Good luck.
B. Elaine Jones, Esq.
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