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Unable to Get a Driver's License Due to Probation Violation

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  • 09-06-2009, 11:25 PM
    sarahwitt
    Unable to Get a Driver's License Due to Probation Violation
    My question involves criminal law for the state of: Arkansas
    I hope that I am posting on the right thread and genre.
    I just recently came in contact with a family member that I have not seen in years. I have grown close to them again and found out that she has a past in drugs. That include her being fined and given probation. Apparently she skipped out on the last year of probation.

    Since we have been in constant contact she has turned her life around. She went to school, rec. her G.E.D and is now trying to get a job for the first time in a long while. She told me the other day that she had never went down to get her Drivers License....she is in her 40's! I could'nt believe it.

    I encouraged her to go get it...she went throught the whole thing of doing the test and everything. Then they told her that she could not get it due to it being suspended. How can this be, she wondered..?!

    She finally confessed to me that she used to be on probation and due to her not being able to handle it she just stopped going. I told her that was the stupidest thing I have ever heard. "Who, just stops going!"

    She swears that she is clean, that she thought that her warrant was over and done with. I am thinking that she still has a warrant out there.

    Am I right?
    She has been going to Meetings with her husband and has several little badges with I am X number of months sober on them. I think that she is up to a couple of years now. They both are. What does not make any sense to me is that he was on probation at the same time (still is) and almost done and if she skipped out on hers...why did they not make a connection and go and get her for not going to her probation or paying her fines. It is not like they could'nt find her...they are married :confused: and everyone knows that they are together, and where they live is no secret to his probation officer.

    She told me that she went to some classes to be a certified *** and she has applied but noone has called her back. I think that they ran her background check and that they know that she has a record.
    BOTTOM LINE:
    I said go turn yourself in and throw yourself at the mercy of the court.
    She wont do it, she thinks that getting a lawyer will do something, her improving herself and trying to be a productive member of society will help her get out of all of this. I have a bad feeling about this.
  • 09-07-2009, 04:09 PM
    xav08
    Re: Unable to Get a Driver's License Due to Probation Violation
    Quote:

    Quoting sarahwitt
    View Post
    My question involves criminal law for the state of: Arkansas
    I hope that I am posting on the right thread and genre.
    I just recently came in contact with a family member that I have not seen in years. I have grown close to them again and found out that she has a past in drugs. That include her being fined and given probation. Apparently she skipped out on the last year of probation.

    Since we have been in constant contact she has turned her life around. She went to school, rec. her G.E.D and is now trying to get a job for the first time in a long while. She told me the other day that she had never went down to get her Drivers License....she is in her 40's! I could'nt believe it.

    I encouraged her to go get it...she went throught the whole thing of doing the test and everything. Then they told her that she could not get it due to it being suspended. How can this be, she wondered..?!

    She finally confessed to me that she used to be on probation and due to her not being able to handle it she just stopped going. I told her that was the stupidest thing I have ever heard. "Who, just stops going!"

    She swears that she is clean, that she thought that her warrant was over and done with. I am thinking that she still has a warrant out there.

    Am I right?
    She has been going to Meetings with her husband and has several little badges with I am X number of months sober on them. I think that she is up to a couple of years now. They both are. What does not make any sense to me is that he was on probation at the same time (still is) and almost done and if she skipped out on hers...why did they not make a connection and go and get her for not going to her probation or paying her fines. It is not like they could'nt find her...they are married :confused: and everyone knows that they are together, and where they live is no secret to his probation officer.

    She told me that she went to some classes to be a certified *** and she has applied but noone has called her back. I think that they ran her background check and that they know that she has a record.
    BOTTOM LINE:
    I said go turn yourself in and throw yourself at the mercy of the court.
    She wont do it, she thinks that getting a lawyer will do something, her improving herself and trying to be a productive member of society will help her get out of all of this. I have a bad feeling about this.

    Well in reality I see what you mean about being skeptical of her warrant being "run out" or however you put it. That does sound a bit shady, but if in fact she has turned her life around then that is obviously a good thing. It would not be a bad idea to first consult a lawyer before turning herself in, but in reality the lawyer isn't going to tell her to simply ignore the situation because it will probably just get worse as time goes on. It also isn't a bad idea for her to find a job so she is looked at as a "productive member of society" before throwing herself at the mercy of the court or at least have proof that she has made an attempt at finding employment.
  • 09-07-2009, 05:36 PM
    LawResearcherMissy
    Re: Unable to Get a Driver's License Due to Probation Violation
    Quote:

    She swears that she is clean, that she thought that her warrant was over and done with. I am thinking that she still has a warrant out there.
    There is no such thing as a warrant being "over and done with". They don't ever expire.

    Your friend needs to get herself an appointment with an attorney, so s/he can negotiate the terms of her surrender on her behalf. An attorney may be able to help keep her out of jail.

    Strolling on down to turn herself in without benefit of counsel is not a smart thing to do, and "throwing yourself on the mercy of the court" is something that only works on TV.
  • 09-07-2009, 06:54 PM
    PhonyPope
    Re: Unable to Get a Driver's License Due to Probation Violation
    ##################################################
    First of all, the warrant is still there, they are called "outstanding warrants", and the reason they haven't arrested her, knowing where his husband lives, it's probably because they haven't had figured it out yet.

    If she decides to turn herself in, I guess she needs to have the bail money ready, if not, she will have to remain on custody until the next scheduled time with the magistrate judge. Since she will give herself up voluntarily then you might expect everyone to be a bit nicer to her, because they will see that she tried to do everything she could to cooperate with the court. Also, she has apparently changed her life for good, she have you as witness of that, and had gotten a GED and had tried to get herself a gob, definitely that's a good sign, and that will help her a lot in court.
    Maybe nobody will call her back from any job, until that warrant clears up.

    Sometimes we have to fix the problems of our past first, before attempting to do things that, thanks to that problem, has bad consequences (like not being able to get a driver's license, or getting a job). She is clean herself now, but she still needs to clean her record.
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