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:
- State: Louisiana
Answer:
Probation and parole violations are serious and can lead to severe penalties, including community service, fines, and possibly jail time. The consequences depend on various factors, such as prior convictions and the nature of the violation.
If a probation officer believes you violated your probation, they can petition the court for a revocation. This process is separate from the original criminal charge and can start with either an arrest warrant or a summons to appear in court (La.C.Cr.P. art. 899(A)). If there are reasonable grounds to believe you will appear, a summons may be issued instead of a warrant (La.C.Cr.P. art. 2092).
Regarding the length of probation, it should have been specified at sentencing. Under Louisiana law, the probation period for a first or second noncapital felony conviction is typically between one and five years (La. C. Cr. P. art. 893(A)). If no period was specified, the court may need to resentence you.
Given the potential long-term impact of an unresolved DWI conviction, it is advisable to consult with a local attorney who specializes in post-conviction matters.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.