What will happen if I miss JAG probation for a DUI? 21 Answers as of August 31, 2011

Will I be punished if I missed one day of DUI JAG probation due to having a stomach bug? I called my P.O. but got his voice mail I left a message the same day I was scheduled to report.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Anytime you miss a requirement of your probation you run the risk of getting violated. However, you may have a good excuse. Keep trying to reach your PO and discuss the matter with him. If you feel you are being unfairly violated, you can always request a hearing and have a lawyer represent you.
Answer Applies to: Michigan
Replied: 8/31/2011
Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
Try to clear it with your probation officer before they file any violation. If your probation officer is satisfied and won't file a violation, you should be fine.
Answer Applies to: North Carolina
Replied: 5/5/2011
Smith & John
Smith & John | Kenneth Craig Smith, Jr.
Your probation could be revoked, depending on what your probation officer wants to do.
Answer Applies to: Louisiana
Replied: 1/11/2011
The Sarbaugh Law Firm
The Sarbaugh Law Firm | Bruce W. Sarbaugh
I am not familiar with "JAG" probation, but would get in touch with your probation officer ASAP to make certain to address the issue promptly
Answer Applies to: Colorado
Replied: 1/7/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
There is no way to predict exactly what will happen. That will be up to your Probation Officer and the Court. If for some reason, your probation is violated and you need an attorney to fight it, contact Bloom Legal to schedule a free consultation.
Answer Applies to: Louisiana
Replied: 1/7/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You should be ok. Explain to him you were sick and that you will not miss anymore appointments.
    Answer Applies to: Pennsylvania
    Replied: 1/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should always call your probation officer if you are sick or cannot attend a visit, and leave a message. If he is not there, you should ask for his supervisor or another PO and explain the situation to him. Then send a registered letter as proof to the court if you are violated since your PO can say that he never cot the message. You will almost never be violates for one missed visit, especially if you are sick and called, but a second missed visit or dirty urine test could cause the PO to violate you and the court could sentence you to a jail term or change the conditions of your probation. You might get a curfew or an extra year of probation, or you may just be warned by the court to make all your visits. Feel free to call for a free consultation anytime.
    Answer Applies to: New York
    Replied: 1/6/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Its up to your PO to decide whether to violate you. If he does, you face return to jail/prison. I suggest you make real sure you reach him and discuss this and show your proof/excuse.
    Answer Applies to: California
    Replied: 1/6/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You will need to report this to your P.O. But if you make nice there should not be a problem.
    Answer Applies to: California
    Replied: 1/6/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    First this response is general information only and does not establish an attorney client relationship. However, as a general rule it is up to your PO as to whether he will have you charged with a violation of probation. In your case being sick is generally a good reason to not appear for a meeting as long as you called in. Since you did not speak to the PO but left a voice mail message as long as he got the message he probably will not violate you. You should call again to confirm that e got the message. Looking forward to hearing from you.
    Answer Applies to: New York
    Replied: 1/6/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Sometimes the probation officer will impose an intermediate sanction (additional breath testing ro something) and sometimes they will merely refer your case back to the judge to let the judge decide what should happen, and decide whether to give you a second chance. If there happens to be any documentation of your illness (if you went to doctor, etc.) that would be useful to have to show the PO or judge.
    Answer Applies to: Colorado
    Replied: 1/6/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would assume that, by now, you have promptly contacted your probation officer and explained the circumstances. That would be a top priority which I would recommend to you or anyone, as a criminal defense attorney. Hopefully, your probation officer will give you a break this time. If you have other questions, it might be wise for you to contact your own criminal lawyer in your community. Good luck!
    Answer Applies to: Georgia
    Replied: 1/6/2011
    The Connelly Firm P.C.
    The Connelly Firm P.C. | Thomas Connelly
    It's in your PO's discretion whether or not to violate you. I doubt he or she will in this case.
    Answer Applies to: Pennsylvania
    Replied: 1/6/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Anyhow most likely the same thing will happen as would happen in civilian court - The judge will probably reinstate you when you tell him you were sick and that you called the P.O. It might be a good idea to get a letter from a doc if you saw a doc, but if not, hopefully the PO will tell the truth about getting your voice mail.
    Answer Applies to: California
    Replied: 1/5/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    All depends on the PO. It is completely within their discretion as to whether they want to file a violation and ask for probation revocation. But what is JAG? Is that a program? If so, the effect on the program will be up to the people in charge.
    Answer Applies to: Missouri
    Replied: 1/5/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Better call him again.
    Answer Applies to: Virginia
    Replied: 1/5/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    I don't know what JAG probation is, but I suspect that if you miss one day of probation after proving yourself to be an honorable probationer (faithful reporting history, paying all fines on time, being respectful of probation officer, working at suitable employment) there will be no problem. Conversely. if you have no reporting history, have an excuse for why you can never pay your fees on time, treat the probation officer with contempt because you should have never been on probation (b/c lawyer sold you out) and cannot find suitable employment, then you should expect your probation to be violated.
    Answer Applies to: Georgia
    Replied: 1/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Ultimately, the issue as to whether to seek a violation of probation rests with the probation officer. If the officer does seek a violation, the case is brought back before the sentencing Judge where any sentence previously stayed can be imposed. You would be wise to consult with legal counsel.
    Answer Applies to: Minnesota
    Replied: 1/5/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    I am not certain what you mean with calling it JAG probation, are you referring to a probation with the military? Most DUI classes allow you to have a certain amount of excused absences and being sick would be a valid reason. One missed anything can normally be explained away with out additional troubles.
    Answer Applies to: California
    Replied: 1/5/2011
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