While being on probation is usually a welcome alternative to being incarcerated, it does require you to abide by a lengthy list of terms and conditions. These terms may include passing random drug tests, maintaining employment, completing community service hours, and completing substance abuse treatment, depending on the nature of the underlying criminal offense. As a Shelby County DUI while on probation lawyer could tell you, however, one of the most common conditions or probation is that you refrain from committing any new criminal offenses.
An arrest on a new criminal offense while on probation can result in a variety of penalties that stem both from the new offense and the previous offense for which you were on probation. A skilled DUI attorney may be able to help you explore your legal options and determine the most effective course of action in your case.
Probation Violations in Shelby CountyIndividuals receive a sentence of probation for a criminal offense in Shelby County when a judge orders them to serve all or a portion of the sentence imposed on probation instead of being incarcerated. This situation can arise from a plea agreement between individuals and the prosecution, or the judge may order probation as part of the punishment for a conviction following a criminal trial.
All court-ordered terms of probation require that individuals follow certain conditions and rules. If individuals fail to follow the rules or meet these conditions, then their probation officers can consider whether to report to the court that they have violated probation. In making a report to the court, probation officers may ask the court to revoke its previously ordered sentence of probation.
Types of Probation ViolationsProbation violations can be either technical or regular in nature. Technical violations are minor breaches of the terms and conditions of probation that may not result in significant consequences. One example of a technical violation is failing to appear for a meeting with a probation officer on a single occasion.
Regular violations, however, are more substantial violations of the terms and conditions of probation. These violations may result in probation officers revoking probation and requesting that individuals serve the remainder of their original jail or prison sentence. For more information about the types of probation violations, consult with a dedicated Shelby County DUI while on probation attorney.
DUI Arrest and Probation RevocationOne of the regular conditions of probation for individuals who are serving a term of probation for any crime is that they refrain from committing any new criminal offenses.
Ala. Code § 32-5A-191(o) provides that if individuals are on probation in any Alabama court at the time of their arrest for DUI, the prosecutor will notify the court of their arrest and pending prosecution. Therefore, even if individuals are serving probation in one county and then are arrested for DUI in another county, law enforcement officials in the county of probation soon will learn of the new arrest.
Whether the new DUI arrest is a misdemeanor or felony can have a definite impact on whether probation officers choose to ask the court to revoke probation. For individuals with no prior history of DUI convictions within the last five years, the charge is a misdemeanor and therefore less likely to result in a probation revocation. For individuals with three prior DUI convictions, however, the charge is a felony and is far more likely to cause the revocation of the existing term of probation.
Penalties for Probation ViolationsFor individuals who are arrested for DUI while on probation for a previous DUI or any kind of criminal offense, the consequences can be significant. Not only will these individuals face the potential penalties for the new DUI arrest, but they can face incarceration for the offense on which they are on probation.
Most notably, individuals who are on probation and commit another criminal offense such as DUI are subject to the court revoking their probation and ordering them to be incarcerated for the remainder of their sentences. Consulting with a knowledgeable Shelby County DUI while on probation lawyer could help connect an accused person with resources they may need to refute the charge.
Get Advice From a Shelby County DUI While on Probation AttorneyFollowing the rules and conditions of probation is never easy, and a simple mistake in judgment can lead to harsh consequences. This situation could result in you facing potential terms of incarceration for both a prior and a new offense. Therefore, getting advice from a Shelby County DUI while on probation lawyer may be highly advisable.
An experienced DUI defense attorney may be able to help you identify any defenses that may be available to you, both with respect to your alleged probation of violation and new DUI offense. Developing a defense strategy may be the most effective way to avoid the potentially severe repercussions of a DUI conviction while on probation for another offense.