Probation Violation in AZ

What is the name of your state? Arizona

I was arrested by DUI taskforce in June 2005, and was sentenced to 10 days (served Feb 06), 18 months probation, 16 hours substance abuse.

In July 2006, I was arrested again (i know stupid me) by DUI taskforce, and was sentanced to 60 days (served Jun 07), and 72 hours of substance abuse.

I am done with all that now, except the 72 hours. I am off probation next month, however my probation officer had me arrested for probation violation for that 2nd DUI during my last visit. I was bonded out 36 hours later.

The PO wants to have the probation revoked (when it is almost done) and for me to serve 6 months now for that probation violation. To me this sounds extreme, and something along the lines of double jeopardy.

During the initial hearing, the public defender said there isn't much she could do, all they have to do is pull up the 2nd arrest and its done.

I know what I did was wrong, and I have paid the price for them but to low ball a PV with such a harsh penalty is something I feel I am being hosed on.

What can I do?What is the name of your state?

You violated your probation.

You got busted.

You do the time.

It's real simple and has nothing to do with double jeopardy.

Thanks for the quality post.
I am not looking for a "get out of jail free card"...I am not that lucky of a person.

10 days for the 1rst ~ 60 days for the 2nd...shouldn't the violation fall somewhere in between logically speaking?

Unfortunately for you, seniorjudge is pretty much right... there's not much you can do about it.

Did your first violation involve injury or major property damage or something? 10 days for a first offense isn't that common.

Really, 6 months is standard? (sorry im in a state of disbelief/denial)

No injuries, wrecks, etc...just DUI taskforce waiting in bar districts.

yeah I got hosed, 1rst offense the public defender said I would get 1 day and I get to pick which day, I got 10 taken on the spot, no work release (I think judge had a bad day).

2nd one I hired a pricey attorney (4k), I got the minimum, nothing reduced. I got hosed by the attorney.

So for this one, I don't know what to do, the public defender doesn't want to help, I think she just wants to free up the case load. If I am looking at 6 months I definately want to reduce it down. So far my experiences have been bad with the lawyers & judicial system.

Is there anything I can do to reduce it?

I don't know if six months is standard or what, that'd be a question for an attorney.

Yeah, lawyers are sort of hit or miss, but you're probably not going to be able to reduce the time you have to serve on your own.

I called a few lawyers...

Majority of them says that this is extreme, I should get no time, and be placed back on probation. This would be wonderful, however knowing lawyers I don't want to hold my breath.

They all say they are treating this as a felony and not a misdomeaner. Which is what I thought too, how can a probation violation for the 2nd crime, be more than the time for the 1rst & second crime combined.

They also say the 60 days served for the 2nd should be concurrent or credit towards this violation.

They gave me hope, but again I don't trust lawyers nor the justice system...

If you don't trust the justice system STOP DRINKING AND DRIVING. Stop breaking the law (especially while you are on probation).

By the way, keep drinking and they won't have to treat the misdemeanor as a felony, it will be one.

BigMistakeFl

I can't stress enough the importance for people on probation to get on their probation officer's very best side from the get-go. Your PO has a great deal more power than you think, can be wonderful to work with, or can just as easily be a total prick. It's up to the person on probation to set the tone of that relationship.