Brooklyn, NY asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York

Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being brought up. I even went to court in 2018 for 9 months due to neglect of paperwork. The probation officer " forgot " she already violated me I severed time from 2014-June 24 2016 to time served, she then reviolated me even tho I was no longer on probation. Since June 2024 I've been trying to get my license and I'm still being treated like I'm on probation. How is this legal. County court sentenced me probation needs to follow that sentencing.

1 Lawyer Answer
Michael S Pollok
PREMIUM
Michael S Pollok pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.