Legal Question in Criminal Law in Iowa

probation violation

my boyfriend has been arrested for a probation violation. He was sentenced in august, 2000. since that time, he has not paid his fine of $2100. last week he got pulled over for a minor traffic violation, and found he has a warrant. in the preliminary court, no bond was set, but if he pays the $2100, he can get out of jail, oherwise he has to remain in jail until jan. 31. i should mention the probation has to do with owi, failure to do assessment.

since the time of the ''incident'', his life has changed dramatically. He now has a good job, ($42,000 per year), that he has held for over 2 years, has not even had so much as a parking ticket, and diligently pays child support for his 2 children of about $1000 per month. the court has said he is facing 2 years in prison. my question is, what can we expect? The money is not an issue, but the loss of job, and his inability to take care of his family is. isn't jail suppose to be to reform people? it seems that he has been reformed on his own. his ex wife does not work, therefore relies on the child support to take care of herself and children.

please reply a.s.a.p.


Asked on 1/20/05, 10:35 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: probation violation

Your question suggest some others. First, can you pay the $2100? If your friend has not paid anything on his fines and costs since the year 2000 or otherwise complied with the terms and conditions of probation and his DUI sentence, he stands a good chance of doing jail time and he will no doubt lose his job and his income. With that in his history it is difficult to ask the court for forbearance.

I would recommend that he pay the fines, do the substance abuse evaluation and comply with any and all treatment recommendations BEFORE his hearing date, if he expects the court to show any leniency. He has to act and act quickly.

If he gets this all done he may be able to avoid further incarceration. You did not say it but you are in Scott County and I have no experience with prosecutors there and how upset with him you may expect them to be.

It's in his self interest as well. He has to pay the fines and costs and comply with the provisions of his sentence, win, lose or draw. So why gamble a $42,000 job over something he has to do anyway?

Additionally, I would recommend competent legal assistance to put the best face possible on this state of affairs. Give me a call and let's visit.

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Answered on 1/20/05, 1:02 pm


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