Legal Question in DUI Law in Missouri

2nd probation violation

I am serving a 2nd 2 year supervised probation in St. Charles. The 1st was imposed as SIS on a DWI when I was 22 in college. During the 1st probation I was in an accident while driving to work without a license. Panicking, I fled. A warrant was issued and probation revoked. Unsure of what to do I remained fugitive for 2yrs. I was found and probation reinstated with 25hrs community service added. I have 1 month left of probation. All terms eccept community service have been fulfilled. I was informed today by my supervisor that it is now too late to finish it. I was not properly informed about terms of it's completion in the 1st place. He has filed a violation report. I am now almost 27 and have had no other criminal arrests. After 1000s of $s spent, my family and I have been drained economicly and emotionally by the process. I am unemployed and work is hard to find without a license and car. I face 1+1/2 year jail sentance. What can I do before a hearing? Should I get a public defender? Should I finish community service? Please help. I feel like I have had the last 5 years stolen and my life has been destroyed because of the stupid mistakes of my youth.


Asked on 5/22/03, 9:42 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: 2nd probation violation

Obviously you need the best legal representation you can get if you're going to have a chance of avoiding the termination of your probation and the execution of your sentence. The prosecutor and the judge will want to know why you have not performed such a minimal amount of alternative community service in all of the time you have had to do so. They will not be favorably impressed by your claim that you were not properly advised as to how to do it or whatever. Getting it done was your responsibilty, even if it required persistant effort on your part to make the necessary arrangements, and even if it took the intervention of an attorney to get things done. Many competent criminal defense attorneys including myself would charge anywhere from $1500 upwards to undertake your case at this point. Accordingly, if you are unable to hire an attorney, a public defender may be your best bet. I would be willing to give you a free telephone consultation if you are not otherwise represented by an attorney. Feel free to call me at 314-727-2822.

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Answered on 5/22/03, 11:32 pm


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