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Would it be best to retain my previous DUI lawyer or hire a new layer for the violation of probation

Discussion in 'Probation, Parole, Incarceration' started by sean.sreenivasan, Mar 6, 2016.

  1. sean.sreenivasan

    sean.sreenivasan Law Topic Starter New Member

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    I was arrested recently arrested for driving on a suspended license. I am currently on probation for DUI while this happened. My mom was in the car with me when I was arrested for driving with a suspended license. I was driving her car because she twisted her ankle walking out of Chipotle. I was pulled over for having a headlight out and no tail lights which I didn't realize because it is not the vehicle I usually drive. The officer ran my license and found it was suspended. I did not inform the officer of my mother's injury because was scared as to what was going on and my mother wasn't able to articulate what was happening because she too was shocked with how the situation was unfolding. I know this is a new arrest so it counts as a violation of my probation for the DUI. I had completed 2/3 of the terms set for my DUI probation including community service and drug/alcohol evaluation. I will inform my probation officer prior to my next meeting. What are my options as far as not having to face jail time for the probation violation? My life is a mess. My probation was in Gwinnett co and my driving without a suspended license was in Forsyth. What are my likely options?
     
  2. army judge

    army judge Super Moderator

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    First of all, stop rationalizing why you were driving when you knew you weren't allowed to drive.

    As a criminal defense attorney of some renown, have you heard this: You have the right to remain silent?
    Anything you say can be used against you in a court of law.

    I'm sure you have.
    I understand you're nervous, upset, excited, agitated, confused, and scared.
    Nothing you can say can explain away or excuse your actions.
    Your actions, your actions alone have jeopardized your freedom.
    Beyond that, trying to EXPLAIN only tightens the noose you placed around your neck.
    It also makes it more difficult for your lawyer to defend you.

    Understand the, EVERYTHING you've revealed above only helps convict you.
    You've admitted to driving, while having a suspended license.
    You've admitted to operating a vehicle with a number of defects sufficient to violate the motor vehicle laws of your state.
    You've admitted to trying to deceive the officer, or being so stupid as to give him your suspended license.
    You've admitted your correct identification details.
    You've further placed yourself at the scene of the crime by admitting to driving because your mother allegedly twisted her ankle.
    You've potentially gotten your mother entangled in the legal system by admitting she authorized you, an unlicensed driver to drive her car.
    That admission could cause your mother to lose her automobile insurance, too.
    Now you admit that you'll WAIT until your next scheduled meeting with your PO to reveal this drama.
    You should know that's not what you're supposed to do when involved with the police while on probation.

    Okay, from this point on, use your RIGHT to remain silent.
    Ask questions germane to this case only of YOUR lawyer, not just any lawyer or person, YOUR LAWYER.

    If your former lawyer wants to help you, that could be a good choice.

    You might be facing a probation revocation hearing.

    You WILL be facing court proceedings for DWLS, defective equipment, and who knows what else.

    I wish you well, and remember, NEVER discuss any aspect of any legal proceeding with anyone but your lawyer!!!
     
  3. Betty3

    Betty3 Super Moderator

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    You definitely need a lawyer & to discuss your "options" with & talk only to the lawyer. Sure, you can ask your former lawyer if he/she will help you.

    You need to immediately inform your PO of this.
     
  4. sean.sreenivasan

    sean.sreenivasan Law Topic Starter New Member

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    I was driving on my limited permit. This is ridiculous and my mom has proof from a doctor stating that she injured her ankle. I am not trying to make anything up. I just want to avoid going to jail for driving my injured mom back from dinner. I guess I should've lied and said we were coming back from a church or school and I would've been fine. The system is just set up to screw ppl.
     
  5. Betty3

    Betty3 Super Moderator

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    Tell it to your lawyer (talk to your lawyer after you get one).
     
  6. sean.sreenivasan

    sean.sreenivasan Law Topic Starter New Member

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    I already have one but am I likely to go to jail for the probation violation?
     
  7. army judge

    army judge Super Moderator

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    You are, as are all of us, PRESUMED INNOCENT until the government proves you to be guilty, or you plead out.

    You should have availed yourself of another constitutional right and said nothing.

    I'm a nobody.
    It doesn't matter what I say,think, or believe.
    Your issue is with the court for your traffic citations, and your parole agent for receiving those citations.

    But, lets keep it real, my friend.
    You chose to drive on what you term a "permit" of some sort.
    If you were indeed operating a motor vehicle in accordance with the laws in your state, you appear in court, present the VALID PERMIT; and I assure you that charge will be dismissed.

    It's also entirely possible that if you make proper repairs to the vehicle you were driving, pay for those repairs, bring the receipt explaining the charges to court, the judge will often dismiss those charges, too.

    You're also entitled to plead nit guilty.
    The state must prove the charges lodged against you.
    Here's another protection to all of us.
    You need not do or say anything.
    The state charged you.
    The state must prove its case.
    You only need to show up, look, listen, and wait for the state to fail.
    Should that happen, the judge will raise that gavel and say for the entire world to hear, "Not guilty. The defendant is free to go about his business."


    Now, if what you've said is more "MUMBO JUMBO" to make you appear innocent, you're wasting your time.

    What anyone believes other than the judge is immaterial, irrelevant, and meaningless.

    A note from a physician won't excuse you driving when suspended.
    Your mother's medical maladies won't make the disappear.

    You chose to drive while you we're suspended.
    The officer cited you for that and for the vehicle defects.
    To further pile on, you did ally that while on probation.
    Sorry, as much as I criticize OUR legal system when it's wrong, I call 'em all as I see 'em.

    Sorry mate, you did this to yourself.
    You knew your limitations, despite knowing same, you took the risks.
    Now you must inform your probation agent within the timeframe outlawed under your probation agreement.
    If you fail to meet that requirement, you're piling on again.
    You've already violated that agreement by the negative police encounter, receiving three traffic citation, and driving.

    To help you REFRESH your recollection of the basic GA probation rules, pursuant to state law, read this. I've singled out number eleven, make sure you review these as give to you by the court and when you met with your probation agent:


    42-8-35 Terms and conditions of probation.

    The court shall determine the terms and conditions of probation and may provide that the probationer shall:
    (1) Avoid injurious and vicious habits;
    (2) Avoid persons or places of disreputable or harmful character;
    (3) Report to the probation supervisor as directed;
    (4) Permit the supervisor to visit him at his home or elsewhere;
    (5) Work faithfully at suitable employment insofar as may be possible;
    (6) Remain within a specified location;
    (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated;
    (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while
    incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this
    title. No reparation or restitution to a local governmental unit for the
    provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated;
    (9) Repay the costs incurred by any municipality or county for wrongful
    actions by an inmate covered under the provisions of paragraph (1) of
    subsection (a) of Code Section 42-4-71;
    (10) Support his legal dependents to the best of his ability;

    (11) Violate no local, state, or federal laws and be of general good
    behavior; and

    (12) If permitted to move or travel to another state, agree to waive
    extradition from any jurisdiction where he may be found and not contest any effort by any jurisdiction to return him to this state.

    Keep in mind that a judge can impose other terms and conditions. These may include, but are not limited to:

    Community Service

    Banishment from the jurisdiction

    Incorporation of a restraining order

    Suspension of driving privileges

    Plus, just about anything else a judge can conceive.

    This is very useful, as it describes probation revocation:

    A Guide to Violations of Probation in Georgia - Avvo.com


    Good luck.
     
  8. Highwayman

    Highwayman Well-Known Member

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    You were suspended. Period. Not allowed to drive. Period.

    You should have taken a taxi home or if your mother was that bad you should have called her an ambulance.

    You are providing no defense or justification for what you did.
     

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