If I’m on probation for a DUI and I am going back to court for non-compliance due to missing classes, what do I do?

When I was charged I did miss meetings/classes and was discharged from one place. I was placed on the scram unit and I am back on it again. I have been compliant on this but I have 1 positive ba and I admitted to having a few beers which is why I am back on the scram unit. I have completed all my education and onto therapy classes, I have finished community service and will have my fine paid off by the court date. My PO is recommending probabtion revocation and a jail sanction. Is pleading my case to the judge enough?

Asked on July 20, 2012 under Criminal Law, Colorado


Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

First, probation is a privilege not a right.  You have put yourself in a situation where you are asking the judge to give you another chance.  This is always a dangerous position to be in.  You might have some success by requesting that the judge revoke and reinstate your probation.  Of course, that means, you will be starting over. 

Under these facts, I would plan on going to court and then going to jail.  So, get your affairs in order.  That way, if the judge takes you forthwith, you will not have to try and get your affairs in order while you are serving your time.

Hope this helps.

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