My boyfriend got a violation of probation for a misdemeanor DUI his last day of probation for April 4th his court date is April third I was wondering since it's that close to his last daay of probation what do you think they will do to him he is the sole provider for my daughters and I and I am really scared of losing my home over all of this mess because I have no 1 only him I have no money to get a lawyer so he will be using a public defender I just need to know what I am looking at and what I'm up against for the sake of me in my daughters.
2 Answers from Attorneys
You need to either hire an attorney or get the public defender. He needs counsel in order to help him stay out of jail. Just because the date is close to the end is not going to be a defense. If he gets a PD, they may be able to talk to the judge about keeping him out of jail but you will need to explain the reasons for the violation so a defense can be formed. Since public defenders are overwhelmed a private attorney would be better but there are many qualified public defenders though.
If he is in violation, he faces the original sentencing that could have been imposed (including jail time). The court will look at his general criminal history, his history on probation (was he largely in compliance) and the reason for the violation (eg. did he get a new charge, did his urine test positive for controlled substance) among other factors.
He should communicate with his Public Defender and discuss ways to avoid jail time. He can discuss options such as work release, more community service hours, advanced classes etc. If he has minor children, he should provide this information to his public defender and ask that his PD provide as much evidence as possible on his behalf in an effort of leniency in the event he has no viable defenses.
Natalie Hall, Esq.
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