QUESTION
What am I facing for my second probation violation?
Asked on Jun 11th, 2015 on Criminal Law - Wisconsin
More details to this question:
I have been on probation since September 27 of 2013 for DWI. I violated my probation with a dirty UA (THC) in November. I was sentenced to 17 days in jail for that. Upon my release I found a job, a good job at that. After the beginning of the year my probation officer brought me in and sent me to a lab for a drug screening. I had not been using drugs but did have a couple of glasses of champagne on new years. Apparently the screening test they had me take was also an ETG test which I tested positive for. I haven't had a job most of my time on probation and I have a good one now and am in fear I will lose it. Are there any options for me other than another jail sentence? I have also started substance abuse counseling and anger management. Any and all advice is greatly appreciated!
3 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is entirely up to the judge. The judge gave you 17 days on the first probation violation. With a second violation, you can expect at minimum, 20 days. Again, its up to the judge.
Answered on Jun 17th, 2015 at 2:29 PM
Thomas Edward Gates
Unfortunately, you will get jail time with a duration much longer than the last. You need a better story about new year drinking.
Answered on Jun 17th, 2015 at 2:28 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Best advice: consult an experienced defence lawyer. That having been said, the actual outcome of the probation violation depends to a very large extent on the Probation Officer. He or she is likely to know you and your history. There are programs called Alternatives to Revocation, and he or she might recommend that sort of response. But this is ot only highly discretionary with the P.O., but may require some serious work by the lawyer in identifying an appropriate program and 'selling' it to the P.O.
Answered on Jun 17th, 2015 at 2:28 PM