girlfriend in jail for violation of probation.wondering if with an attorney if home arrest would be possible?

Question Details: she was given 5yrs.probation for felony dwi.in 2003.violated probation when failed hair folical test.received 7months in rehab in exchange of jail time.did 5 months and had fight with a girl who kept badgering her.told her she had to leave so she fled as appose to police taking her to jail.after 2months on the run she turned herself in.has a **** and alcahol free place to go.willing to be tested as often as needed if home arrest and maybe probation could be an option.has 3 kids and jail does them nor her any good.basically would take anything over jail.we need her home

Asked 9/8/2009 under DUI / DWI | 205 View(s) | More Legal Topics

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This sounds like a tough sell.  I don't think any reputable lawyer would promise you that he or she could make this happen, but you have no chance, I'm afraid, without one.  I would hope that the reputable attorney would refuse to take the case, if he or she thought it wasn't worth trying.  And you will have to let an attorney look at all the details of the case, to get reliable advice.

A felony DWI is a very serious start to the matter, as is 5 years probation.  Then she violated probation, then she ran.  It isn't a pretty picture, and it's too easy to see this as a case where jail really is necessary.

Although I do not practice law in the State of New York, here are my initial impressions.  I generally agree with my colleague's comments, however, I'd like to add an additional perspective.  Theoretically, any resolution of a case is "possible."  However, how a case is actually resolved will depend on a myriad of factors, including but not limited to the strength o the state's evidence.  Therefore, without more facts it is impossible to speculate what potential resolutions (such as house arrest) are likely and what resolutions are unlikely.  What I can tell you, however, is that if your girlfriend wants to obtain the most favorable resolution of this matter as possible, she needs to hire an attorney as soon as possible.  Good luck.

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