I am looking at my 1st probation violation, do I need to get an attorney if my probation officer told me to turn myself in? 10 Answers as of April 16, 2013It's a DUI metabolite. I was to pay a $500 fine and get a drug evaluation done and complete recommended treatment. I've been on probation for about 4 months. I paid my fine and got an evaluation done but my PO had me get a new eval done which required 4x as much as the first and is out of my cost range, so I haven't started treatment and missed an appointment because he said that he would take me to jail if I hadn't started yet. Now he said to just turn myself in to a jail and that I will go to court and probably get 30 days, but it seems weird that I couldn't go to the court date when its arranged not have to sit in jail?
Gregory Casale Attorney at Law | Gregory Casale
You should have an attorney with you when you "turn yourself in." It is always better to have a lawyer when you go to court. There are too many things that can happen to an unrepresented person that a lawyer can avoid. I would certainly not concede that you should spend 30 days in jail for failing to perform actions that you cannot afford. The problem is that you cannot just ignore the responsibilities. You have to go to the court to explain the situation and trust me, the way that you explain and the way that an attorney will explain will be far different. The judge will not care to hear most of what is important to you. Your lawyer should know what the court is looking for and what can be said and done to keep you out of jail.
Answer Applies to: Massachusetts
Timothy J. Thill P.C. | Timothy J. Thill
When you miss appointments and do not follow the orders of court, by being evaluated and begin a treatment program, you will be violated and a warrant will probably be issued. Sounds like this happened here. Turn yourself in and see what penalty the judge gives you. What you should have done is filed a motion to appear before the judge and explain you were unable financially to attend the program suggested by the evaluator.
Answer Applies to: Illinois
Law Offices of Marshall Tauber | Marshall Tauber
The PO is just suggesting that you get a head start...which sounds sarcastic. Prepare yourself for jail time, go to court and admit the truth and tell the judge you have apologized to your loved ones for letting them down but the conditions imposed by the probation were more that you can afford doing and that you will accept the consequences because you violated largely as a result of not having enough money or reliable transportation & that it not likely to change.
Answer Applies to: Michigan
Lawrence Lewis | Lawrence Lewis, PC
The probation officer is going to recommend that the judge revoke 30 days and continue you on probation, hoping that that will serve as your wake-up call that the PO is not bullshitting with you. So, you can turn yourself and do the 30 before court. Or try and appear in court and serve the 30 days after your violation of probation hearing.
Answer Applies to: Georgia