If a person living in another state has violated probation for a DUI, what should the next step be in rectifying the violation?

UPDATED: Apr 1, 2012

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If a person living in another state has violated probation for a DUI, what should the next step be in rectifying the violation?

Approximately 8 years ago I was arrested for DUI. Then 3 years ago, I committed an alcohol related misdemeanor in another state while still on probation for the first offense. The second offense was taken care of according to court mandates. However, the probation on the first offense was violated as a result. I now live a third state and am unable to leave due to financial reasons.

Asked on April 1, 2012 under Criminal Law, Washington


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

More than likely a bench warrant has issued in the state where your probation violation orginated due to the probation violation. Eventually you will have to address the matter in that state because the warrant will not just disappear. My advice is to go back to the state, let them know that the second offense has been resolved, and due to the time that has elapsed since your original conviction date (at least 8 years ago), seek to close out that probation. It's worth a try, but be mindful that with any probation violation a Judge can always impose jail time. It would not hurt to speak with a criminal defense attorney in that state to see what your available options are with the particular Judge who oversees your probation.

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