Reader’s Question:

My nephew is on probation in Washington because of a felony theft. Unfortunately, he was arrested yesterday for DWI, and worse, it is his second DWI in 4 years. Will his probation for felony theft automatically be revoked? Can a legal representation would be of any help?

Jason

Bellevue, WA

Of course, getting a lawyer would be of big help so I suggest you do so the soonest time possible. It would be an automatic court ordered Motion to Revoke probation (MOR) and a minimum of 30 days of jail time if you are on probation in Washington State and get arrested for any case. An attorney is the only one who can be able to negotiate jail time. Your nephew will get a copy of the letter sent to the court that placed him on probation to revoke his probation and the date he and his attorney will need to attend the hearing. It would also include all previous probation requirements not met including payments. Expect him to serve jail time since he has a previous criminal record and this is his second DWI in Washington.

My advice is that for him to hire an attorney who has a good reputation over DWI cases. A little warning, though, it may cost you a small fortune to do so. If he was bailed out of jail for the arrest and later finds out that he cannot afford to hire a lawyer before the first court date, the court would likely not allow him a Court-Appointed lawyer. That is because if you can bail him out of jail, you can hire a lawyer as well. If you really plan to help your nephew, you need to make sure that you have the financial resources and, mind you, a very strong level of patience.