Legal Question in Criminal Law in Virginia

Re: Probation Violation

Well, I think you need to check the previous case record to see how LONG exactly your previous sentence was suspended. You said that you have been on probation for 2 1/2 years, but you should confirm (not from memory alone) what the judge ordered in the previous case. The sentence in the previous case was apparently suspended for X years, and you need to confirm (not from memory) when that time period expires.

You can go to the courthouse of the previous conviction and ask for the file. Or you can probably request a copy fo the final order if it is far away. Tell them it is you and they will probably send it to you for free, and more easily.

If you are convicted while the previous sentence is still pending as a suspended sentence, I would say your chance of having the original sentence re-imposed is about 99%. That is the whole idea of a suspended sentence, that it is automatically imposed if you get in trouble again. (Of course being CHARGED does not count, because you are innocent until proven guilty. It is being CONVICTED that counts as "getting in trouble again.")

In any case, your sentence on the current DWI may be more harsh because of your past record.

You should seriously explore whether there are lawyers who are not as expensive as you might imagine. Like most things in life there are prices all over the map, from lawyers who spend a lot of money on lavish offices and huge staffs and charge a lot to those who don't charge that much. For an experienced attorney, this is only a few hours work. That is, it is the same routine they do over and over.

The point is, you really NEED a lawyer in this situation.

You cannot afford NOT to get a lawyer. The long-term costs of being found guilty vastly out-weigh the relatively minor cost of legal help. It will cost you 100 times more over your lifetime in lost income, as it will surely affect your career prospects than the cost of an attorney. If tehre is ever a time to dig deep, borrow the money, sell something, etc., this is that "rainy day" we talk about.

Check out whether there is a "legal aid" society in the County where the charge was issued from (the court where you are ordered to appear.) "Legal aid" in many Counties is available for a reduced price to those who don't qualify for a free atorney but cannot afford a full-price one.

And then do some shopping around for an attorney whom you might be able to afford.

Also go to DMV and pull a copy of your driving record. Do not count on your memory.

Some questions: What County were you charged in? What is the court date when you must appear?