This is my first DUI and major traffic offense. I have completed the community service and DUI school, I only have the fine to pay. I have not checked in with my probation officer in over 3 years nor has he tried to contact me. I stopped contacting him because I was unemployed and would not be able to pay the $1600 fine but I finally have a job and with to start making payments again. I am very afraid that their may be a bench warrent for me and if so how would I go about handling that?
A: George’s answer: Based on your information in the question 1 of 2 things has happened. 1) When you stopped reporting and did not pay the fine your Probation Officer “Tolled” your probation. That means that your probation clock stopped running and you will still be on probation for the remainder of the time that you had on your original probation when it was Tolled. Then the Probation Officer issued a Violation of Probation warrant for your arrest. 2) The Probation Officer simply missed the fact that you didn’t report and didn’t pay the fine and your term on probation expired pursuant to its original terms. That would mean that your probation is over and you don’t owe any fines.
In my opinion the chances that option 2 occurred is very slim! Most likely the Probation officer “tolled” your probation and issued a Violation of Probation warrant. I would advise you to check with the court that sentenced you originally to determine if there is a Warrant for your arrest. If not – GREAT! If there is you need to contact an experienced local criminal defense attorney – ASAP!!! The attorney can then help you resolve the probation violation and lessen your chances of going to jail! I hope this information is helpful to you.
Good Luck!!! George McCranie www.mccranielawfirm.com