What can happen if I do not satisfy all the terms of my probation for a DWI conviction?

Full question:

I was convicted for a DWI in Jefferson Parish in the year 2002. (Before Hurricane Katrina). My sentence was I was to be put on probation for 6 months, perform 32 hours of community service, pay $20.00 per month probation fee totaling $120.00, sentenced to driving school, substance abuse class, abuse evaluation,and was ordered to pay First Parish Court a total of $521.50. At that particular time in my life, I really didn't care if any of it got done. The only things that were done by me were, I attended and finished the defensive driving course, I completed 1 day of my community service, had one visit with the court mandated Social Worker, and one visit with my probation officer. I plead article 894 at the time of my arraignment. I did not do any of the remaining court mandated sentence. I didn't pay any probation fines, did not complete the other 3 days of community service, did not pay any fines to the court, did not attend the individual counseling sessions required to the Social Worker or enroll or visit an outpatient addictive disorders clinic. In other words, I did not do almost all of what I was sentenced to do. I do have a valid driver's license b/c this charge does not show on DMV records along with the other ticket that I received, which was reckless operation of a moving vehicle. I've since moved out of the New Orleans area, gotten married, have a 5 yr old, and am back in college pursuing my Criminal Justice degree. The question I have is, Is there a maximum length of time that this charge stays in the system even though my terms weren't met? Or will this charge follow me until I get it cleared up with the appropriate court? I've been stopped several times in the last 6 years and when my name was run, no warrants were issued. I guess what I need to know is, Is there a statute of limitations on this charge? I just need to know if it's still on my record, b/c sometime in the near future this could hinder employment opportunities, and if so, I need to get it cleared up. Also, I don't know if there were any mitigating circumstances surrounding my case b/c the offense did occur before Hurricane Katrina and I don't know what, if any, information may have been lost in Jefferson Parish at that time. I would appreciate all the help that you can give me.

• Category: Criminal
• Date: 04/07/2025
• State: Louisiana

Answer:

Probation and parole violations are serious offenses that often result in harsh penalties such as community service, heavy fines, extended jail time, and more. The consequences associated with a parole or probation violation usually depends on a number of factors, including prior convictions and/or parole violations.

If a probation officer believes parole has been violated, he or she may petition the court for a revocation of the probation.

A post conviction probation revocation is a separate proceeding independent from the original criminal charge. A probation revocation proceeding may be initiated by either an arrest warrant
charging a defendant with violating conditions of probation, or by a summons to appear
and answer a charge of violation or threatened violation. La.C.Cr.P. art. 899(A)1.
Under La.C.Cr.P. art. 2092, a summons may be issued instead of an arrest warrant, if there is reasonable ground to believe that the person against whom the complaint is made will appear upon the summons.

With regard to the duration of the probation, it may have been stated at the time of sentencing.
Under La. C. Cr. P. art. 893(A), a court, after a first or second
conviction of a noncapital felony, may suspend, in whole or in part, the
imposition or execution of either or both sentences, where suspension is
allowed under the law, and in either or both cases place the defendant on
probation under the supervision of the division of probation and parole.
However, the statute further provides that the period of probation shall be
specified and shall not be less than one year nor more than five years. If the
probationary period is not specified and is indeterminate, the sentence
imposed should be vacated and the case remanded in accordance with La. C. Cr. P. art. 893. State v. Sedlock, 2004-564 (La. App. 3d Cir. 9/29/04), 882
So. 2d 1278.

If the probation duration was not specified, it may be necessary for the court to re-sentence.

Due to the long term effect of an outstanding conviction for DWI, you may wish to consult with a local attorney experienced with post conviction matters.