Being put on probation following a criminal conviction can be an immensely preferable alternative to jail time. But this lesser punishment still comes with strict conditions. If those conditions are violated, especially in the form of an additional criminal offense, the resulting punishments could be even more severe than before.
If you were accused of driving under the influence while on probation for a different offense, you may need to talk to a DUI attorney who has dealt with these kinds of situations before. A seasoned Troy DUI while on probation lawyer could explain what this additional charge means for your original case, as well as the new one you may now have to deal with.
What Happens After Being Charged With DUI While on Probation for a Prior Offense?If a person is charged with a DUI while on probation for prior offenses, what happens next depends on where they are charged with DUI. A person who collects a subsequent DUI while on probation, the most likely approach would be for a lawyer to try to get a delay on the probation violation while efforts are taken to resolve the underlying matter.
However, it is possible that because of another crime committed while on probation, especially one as severe as a drunk driving charge, a judge would order further conditions to allow someone to remain free. Those conditions can vary depending on what the judge feels is appropriate for a particular situation, but they often include a requirement to wear a SCRAM ankle device to monitor alcohol consumption or a requirement to have a blood alcohol ignition interlock device (BAIID) installed on a vehicle.
There is also a strong likelihood of jail time if there is an additional conviction entered later. While the Judges in Troy do their best to offer those with multiple DUI arrests various forms of treatment as an alternative to jail time, there are instances when the Judges believe that before such a person is sent to treatment, they are going to have to do some kind of jail time as a wakeup call.
The Effect on LitigationDepending on when a secondary violation occurs, a probation violation may be something that a lawyer can keep from moving forward while working on the original charge. However, that is not always a practical goal, so it is essential for an attorney to preserve the defendant’s rights in the first case primarily.
Regarding the second case, any preexisting probation is going to be a significant impediment to any kind of reasonable deal from the prosecuting attorney’s office. In particular, the county prosecutor in Troy has a zero-tolerance policy on dealing with somebody who already is on probation for drunk driving. The City attorney is pretty much in agreement with this policy as well.
The Effect of an AcquittalEven if they are acquitted in their DUI case, a person who was on probation beforehand may still return to probation after their acquittal. The standard of proof for a violation of probation is not the same standard that applies to a criminal conviction.
Put another way, just because somebody was not drunk driving does not mean their actions were not a violation of probation in the first place. Because of this, it is possible that somebody could be acquitted and found not guilty in a jury trial, but still have the judge overseeing their probation believe that they drank and drove, or if at least consumed some alcohol in violation of the conditions of their probation.
Schedule a Meeting With a Troy DUI While on Probation Attorney TodayProbation is not something to be taken lightly even though it is not as severe as prison. One misstep could have you facing steep penalties that may not even stop at jail time. If you find yourself facing DUI charges under these circumstances, retaining experienced legal assistance may be a virtual necessity if you want to preserve your rights and future prospects. Call a Troy DUI while on probation lawyer today to discuss your situation and start working to find a positive resolution.