Am I going to go to jail for a possible probation violation?

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Am I going to go to jail for a possible probation violation?

I have been on probation for nearly a year for possession of a controlled substance and have up until now been completely compliant with the terms of my probation. Last weekend I managed to get charged with a DUI, after which I posted bail immediately. I am a single parent and do not know what to do knowing my probation meeting is tomorrow. Should I arrange childcare? I just do not know what to do. Is there any way I could push for house arrest in lieu of jail time?

Asked on June 25, 2012 under Criminal Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You'll probably get arrested on a revocation warrant and have to do at least a day or so in jail-- depending on whether the judge decides to release you on some type of pre-trial release.  Picking up a new offense is never a good thing while you are on probation.  Many judges will forgive "technical violations" like failure to pay your probation fees, but are less forgiving when it' a new offense.  However, this does not mean the judge will automatically throw the book at you.  What exactly will happen will depend a great deal on your judge, the prosecutor, and your probation officer.  If they think you have a dependency issue, they may decide to put you on some type of intensive supervision with provisions for rehab-- instead of confining you to jail.  If house arrest or rehab programs are options in your jurisdiction, you should express a willingness to do whatever needs to be done to fix your issues.  If you're willing, you will have a better shot at getting this type of relief.  If you have a judge that is less lenient, then this may not be an option.  You may also want to visit with a defense attorney to get a feel for how your judge usually handles probation violations.  If you have court tomorrow, you may want to have childcare set up, just in case, until you have a better feel on what the probation officer is going to recommend and how the judge usually reacts.... because in the end, the best answer to the part of your question regarding what will happen is "that is just depends on your judge."

 


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