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Thread: Probation Violation North Carolina

  1. #1
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    Default Probation Violation North Carolina

    I was convicted of a DUI in 2008, second one (4 years prior)

    I got 3 years supervised, 72 Hours community service, 48 hours AA and 30 bucks a mo bill for probation

    The first week I paid 1300 bucks up front, was told in a year and a half If I wad good I could be let off Supervised, so I paid the bill for a year and a half.

    Well I did everything but 50 hours of the 72 hours community service

    And in Feb I went on a cruise to bahamas and my PO found out but he just told me when it happened to just not do it again.

    Well he just served me papers to go back to court on these violations. (maiin because of the Community service)

    This is a first for me, I didnt know how much of an impact all this could be, the reason I didnt do the rest of the community service right now is because of my job and the economy, I have a high paying job and a manager position that takes up all my time, 12 hours a day 6 days a week. And a second job on the 7th day.

    And to make this worse...I fought my DUI case years ago and went to superior court, which I heard is very different, last month 43 people out of the 48 went to jail. (EEEEK)

    So I go see an attorney and he said to get a letter from the owner of my company about the hours I work, and he said there is a 80% to 90% he will get me out of this...

    But looking at the stats in superior court this is scary, I mean, this is a **** DUI case, if Im convicted of this violation then I will now serve 6 months in jail, Im not jail type, I have a **** good life, a wife, good reputation and a reputable job. Im not a criminal, has anyone been through this? What are my odds of going to jail over this?

    Im getting these hours done the next few days so before I go to court Im done...

  2. #2
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    It is rare that I have ever heard of an attorney telling someone they were NOT going to get them off the wrap...

    Have you spoke to your PO? Your PO can be your best friend or your worst enemy! Get it worked out with him if possible.

    What's the liklihood of jail? Who knows?!

    You say you're not the "jail type" WHO IS?

    You state your not a criminal...sorry, but you broke the law twice...felony convictions...yes you're considered a criminal...start working more closely with your PO and follow his rules. Life will be much easier.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

  3. #3
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    You received a sentence. This was not a suggestion or a guideline. This was not something you should have done only if your schedule permitted.

    A judge will say, "You had time to go to the Bahamas but not to do your community service? Why was your vacation more important that court ordered community service?"

    You say you are not the jail type. However, you have ignored that which would have kept you out of a cell.

    If for no other reason that a lesson to obey the court, I would plan on spending a little time behind bars.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

  4. #4
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    If for no other reason that a lesson to obey the court, I would plan on spending a little time behind bars.
    MY PO is a great guy, said he would back me up, I have not given him any trouble. Im not worried about him throwing me under the bus, I feel he would back me up more than hurt me, as he said this was out of his hands, it was his boss that pushed it.

    I understand I have a possibility to go to jail for this probation violation, my question is, has anyone had this same type issue, and what was the out come?

    CyJeff and Catbert, are you two attorneys by chance?
    Last edited by funkey; 05-16-2010 at 10:17 AM.

  5. #5
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    I have experienced this secondhand through two employees and on close family member.

    All were charged with mulitple DUI's and violated while on what I considered to be a simple probation. All three ended up serving jail time...varying from one month to a year.

    I know this isn't what you want to hear, but it is the unfortunate reality. Not saying this is what will happen in your situation, just what has happened to the people I know.

    As "good of a guy" as your PO might be...remember he still worked for the justice system.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

  6. #6
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    Was there violations because of alcohol? Mine is because I didnt finish my Community Service, and by the time I go to this court date it will be finished, I just dont see them putting me in jail when I have completed everything they asked, a little late, but completed.

    My attorney is going to ask to have me removed from Probation, Ive been on it for over 2 years now, and I dont cause trouble, paid my dues, I guess this is really up to the judge, because I have heard both stories like yours and people getting let go since they completed what was asked of them from the courts..

    Im hoping for the best, if not I guess I might as well do bankrupt, get divorced, and loose my job and everything else, because that is what will happen if this goes down. And the bad part is they not even once told me this will happen if I dont get the community service work done.

  7. #7
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    Speaking from first hand experience, You should have never left your jurisdiction without express permisssion from your PO. Doing so is "absconding" and if you were caught traveling without a permit you run the very real risk of being arrested by TSA, Customs, and of course by your local Probation jurisdiction. You stated that he violated you for failing to complete your community service...If that's the only reason for violating you you are likely to get reinstated once your attorney explains to the judge about your job, etc. Judges as a rule dont want you to be indigent... it makes it very difficult to pay your fines and fees... and thats what they really want more than anything.

    What i'm saying here is, if you have a good job and your attorney can get this across to the judge. i feel they would likely reinstate you and not send you off to the county jail. BUT.. it could happen. especially if absconding is one of the violations. Explaining the whole Bahamas trip wont exactly go over to well with most judges when you havent completed all you requirements.

    Your PO isn't your freind, Father Confessor or a Good Ol' Boy... He's a cop. Treat him as such and with respect and take it more seriously.

    Lastly, I know im posting for a very old question but if others like me are just browsing through here trying to read about others situations then hopefully this will still have relevance

  8. #8
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    despojos, generally we do not post to old threads. However, due to your
    last sentence knowing it was an old thread & the reason you were posting to
    it I can understand it in this case.

    In the future, please do not post to old threads though.
    Last edited by Betty3; 09-10-2011 at 10:59 AM.
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