Can I still work if I violated probation due to driving while license is invalid? 23 Answers as of May 28, 2013

I was recently put in jail because of my license. Also I am on probation...I want to know if I’m going to do jail time because this is my 3rd offense and it's in Class B. If I do get jail time, is there any way I can work? Please let me know ASAP.

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James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
WHY COULDN'T YOU WORK? You can ride a bike into work.
Answer Applies to: Michigan
Replied: 9/16/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
So long as you are not incarcerated I find no reason as to why you should not be able to work. Even if incarcerated, and confined to a work release center you should be able to work.
Answer Applies to: Alabama
Replied: 9/16/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
If the judge allows you work release.
Answer Applies to: Michigan
Replied: 9/16/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
I can only guess, but would say you stand a chance of doing some jail time on this case. You will probably have a violation of probation filed as well. ?The judge may give you time served as your sentence. I would not mess around with this: hire counsel immediately and let him work out a penalty that is best for you.
Answer Applies to: Illinois
Replied: 9/16/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
If you were on probation for a 3rd offense and were caught driving while your license was suspended for the OUI, it is a very strong chance that you will go to jail for at least 60 days. Whether or not you can work while in jail is up to the Sherriff's dept.
Answer Applies to: Massachusetts
Replied: 9/16/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Of course you can still work. But it sounds like you will first have to do some time and then have to get to work by bus.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You are asking me to guess at what sentence you will get but you have not provided me with any of the details that I would use to do that. You should ask your lawyer what he thinks the likely sentence will be since you could get a year on the violation of probation if it was a misdemeanor and you could get 90 days on the B misdemeanor. If it was a 511-2 or 511-3 for driving on a license revoked from a DWI and the judge doses not feel that you are a danger to the public or in need of a jail term he may just fine you and continue probation, especially if you are employed and do not have a violent or extensive criminal record. You should retain a good criminal lawyer to get the prosecutor and judge to give you one more chance. Life is about getting a good education, a good job, and making good decisions. If you get a criminal record and do not get the skills you will need in life you will find it hard to earn a good living and support a family.
    Answer Applies to: New York
    Replied: 9/16/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If it is your 3rd violation and you were on probation for a prior offense at the time of the violation, there is a good chance that you will do jail time. However, the ultimate decision is up to the judge.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Steven Alpers | Steven Alpers
    I don't know what you are on probation for committing. The state California does not have classes of crimes so I can't guess how long he could be kept in custody.
    Answer Applies to: California
    Replied: 9/16/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    How would you propose working while in jail? It MAY be possible to get weekend jail time, so you can work during the week, but don?t count on it just yet. Yes, you face potential jail on a repeated DUI offense, up to one year. Plus you face probation violation, with potential return to jail on the original jail sentence[s] that were deferred for probation. Plus you face the driving on suspended misdemeanor charge, with potential jail time. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I?ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 9/16/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    There are many variables as to whether, if you get jail time, you will be allowed on work release so there is really no way to answer this question for sure. However, courts generally prefer people be able to work as opposed to just sitting in jail.
    Answer Applies to: Colorado
    Replied: 9/16/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    That's entirely up to your employer. Texas is an at-will state, which means that you can be fired for any (legal) or no reason, if you don't have a contract. You may or may not be eligible for an occupational license, depending on the outcome of the DWLS, but you have an uphill battle. You will probably be revoked, and need a lawyer NOW to stave off the damage.
    Answer Applies to: Texas
    Replied: 9/16/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    most likely no will not be able to work
    Answer Applies to: California
    Replied: 9/16/2012
    Joneson & Michael, LLC
    Joneson & Michael, LLC | Rachel A. Michael
    Jail time may be required by law depending upon the circumstances of your case and your criminal/driving history. However, certain jurisdictions provide for an alternative jail sanction known as "Work Release" which allows you to continue your employment while serving jail time. Whether or not you will be permitted to serve jail on a work release basis is ultimately a decision left up to the Judge. It is also imperative that you contact the DMV to determine if there are active restrictions on your license. Continued non-compliance with the Colorado Traffic Code may result in loss of your driver's license for an extended period of time in addition to persistent jail sanctions.
    Answer Applies to: Colorado
    Replied: 9/16/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Sure, go to work. You'll need it to pay for your lawyer.
    Answer Applies to: New York
    Replied: 9/16/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Depending on your criminal history, you may get jail. Check with the jail or the county corrections department for information about work release.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Law Offices of Kenneth M. Christopher ESQ | Kenneth Christopher
    It sounds like you are asking about working outside of jail. If that is in fact the question you want to see if the court would let you serve weekends in jail.
    Answer Applies to: New York
    Replied: 9/16/2012
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