My son's father is on probation for DUI. He refused any tests at the accident he caused while drunk but was still found guilty and has his 60 days of prison suspended contigent on his probation. While on probation, he has had 2 FTA to minor traffic court hearings and an FTA on a VOP. He was served his warrant for the FTA and while they were arresting him for that, the police had probable cause to search him and found marijuana. He now has a charge of drug possesion. What is likely to happen? His VOP hearing was reset and that will be before his hearing for the drug possesion. Could that arrest count against his probation or would he have to be found guilty for it to count against him? What are possible penalties for the VOP and the Possesion charge? His original VOP was not showing for drug/alcohol testing and not paying fines. I'd imagine the list has grown at this point as to what they'll list as VOP? Other info: he had a criminal charge in 2004 for theft and failed to complete his probation for that crime, but no prior DUI/DWIs.
2 Answers from Attorneys
It's difficult to say in the abstract. I would need to see the whole case. But he is subject to his entire backup time on the DUI, 1 year on the marihuana, and is there a second VOP? I was confused by your question. The bottom line is he needs to consult with an Attorney with the full details.
Typically, probation violation hearings are postponed until pending charges have been resolved. Anything but stet or nolle prosequi will violate probation. Whether to try or plead depends on the case. Generally, it is not worth risking a longer sentence to avoid a shorter one. I offer a free initial consultation.
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What is the penalty of a minor alcohol citation in Worcester County MD? Asked 6/23/10, 4:53 pm in United States Maryland Drunk Driving & DUI Law
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