If a person living in another state has violated probation for a DUI, what should the next step be in rectifying the violation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a person living in another state has violated probation for a DUI, what should the next step be in rectifying the violation?
Approximately 8 years ago I was arrested for DUI. Then 3 years ago, I committed an alcohol related misdemeanor in another state while still on probation for the first offense. The second offense was taken care of according to court mandates. However, the probation on the first offense was violated as a result. I now live a third state and am unable to leave due to financial reasons.
Asked on April 1, 2012 under Criminal Law, Washington
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
More than likely a bench warrant has issued in the state where your probation violation orginated due to the probation violation. Eventually you will have to address the matter in that state because the warrant will not just disappear. My advice is to go back to the state, let them know that the second offense has been resolved, and due to the time that has elapsed since your original conviction date (at least 8 years ago), seek to close out that probation. It's worth a try, but be mindful that with any probation violation a Judge can always impose jail time. It would not hurt to speak with a criminal defense attorney in that state to see what your available options are with the particular Judge who oversees your probation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.