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DUI Probation and How It Works

After you have been convicted of DUI, the judge sentences you. Most often, you receive a sentence that means you need to serve a specific amount of time behind bars. For a first offense, this might mean spending time in your county jail for several months. However, if you have more than one DUI on your record, the judge may hand down a harsher sentence. This may mean you are sentenced to prison for at least a year. The judge has some leeway in his sentencing requirements. You may be given probation, which means you remain in your community, but you have to live within certain legal restrictions. You will be assigned to a probation officer. When the judge sentences you to probation, it may last from one year up to five years.

After the judge has sentenced you to probation, you must meet with your probation officer at least once a week. Your probation officer is responsible for helping you stay away from alcohol or drugs. To do this, he asks you several questions about your activities and whether you have had anything alcoholic to drink. He has several ways to determine whether you are telling the truth. One way may mean you have to wear an alcohol monitoring device on your body. Your probation officer can tell you to go to alcohol testing. This means you go to a medical lab where you give the lab technician a sample of your urine.

Your probation officer has several rights that allow him to check on what you are doing. These include showing up unannounced at your home or job. Should you visit a bar, get drunk and then drive, your probation officer can tell the judge you have violated probation. The judge can then end your probation and order you to serve the rest of your sentence behind bars. The judge might have given you limited driving privileges that allow you to drive from your home to your job or school. Any violation of this limitation can also lead to your probation officer informing the judge, which makes the penalties you have to serve more severe. When your probation officer gives you an appointment, you have to be there. If you begin missing appointments, he will come looking for you. Unless you have a very good reason for missing a probation appointment, he can file paperwork to have your probation revoked. While these weekly meetings can be inconvenient, it is to your benefit to show up on time for each appointment.See here now can you violate probation and not go to jail

When the judge gives you probation, this is not saying that you are free of all penalties. The judge can limit your driving privileges and order you to pay fines and court costs. He can also order you to attend and participate in an alcohol evaluation and alcohol counseling. You will be ordered to avoid major traffic and criminal violations. Depending on the state in which you live, you may also be ordered to have an interlock device installed on your car. You must blow into this device every time you have to drive. If you have no alcohol in your system, your car will start, but if you do have a detectable amount of alcohol in your system, your car will not start.

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How The System Works If You Violate Parole

The Breakdown

Probation is a basic concept. It is when the courts will allow someone to avoid imprisonment as long as they agree to be supervised by a government appointed official known as a probation officer. It will be the individual's responsibility to adhere to all rules and guidelines of the probation that were set forth by the courts. This means that they will be responsible for showing up to all scheduled appointments, fulfilling any community service, finding employment, and maintaining a residence. There are more rules and guidelines that may be required, but the court will take into consideration the nature of the crime before setting these guidelines.

The violation of probation is not something that should be taken lightly; there are two ways that an individual may violate their probation.

A technical violation is rather common. It is when the individual that is on parole fails to meet one of the requirements or breaks a rule and therefore violates the terms of their probation. This could be a failure to be present at a scheduled meeting, failing a drug test, relocation without permission, or a number of other violations.

A Substantive violation is when an individual on probation commits a completely new crime and therefore violates their probation. A person that violates their parole can be charge with a VOP (violation of parole charge), and this could mean imprisonment.

VOP Charge

A VOP charge means that the case must be brought before a judge. This is a completely different process than a regular criminal trial. The court could require that the individual on probation is required to testify against themselves. They could also use hearsay to build their case, and no longer need to worry about supplying proof beyond a reasonable doubt. They just need to supply sufficient evidence to convince the judge that the violation occurred.

Once the court and the judge believe that a violation has occurred then an arrest warrant will be issued. This will mean that the individual facing the VOP charge will most likely be placed in jail until the court is able to hear their case.

One of the worst things that a person can do when they know that they may be facing VOP charges is to skip following through with their requirements. It is crucial to keep making all appointments with a probation officer to help to convince the judge that a 2nd chance may be a good idea.See here can you violate probation and not go to jail

Once the judge has reviewed the case and has decided that a guilty verdict is justified than one of three things will happen. The judge will give the parolee a 2nd chance and let them continue with probation with the current terms, but warn not to violate them again. The judge may allow the person on probation to continue with the probation, but amend the terms of the probation. Lastly, the judge may choose to revoke the probation which would result in imprisonment.

VOP charges are no laughing matter. A judge who chooses to revoke probation is allowed to issue imprisonment for up to the maximum for the original crime committed. VOP charges are serious, and anyone that may be faced with them should seek out a knowledgeable criminal attorney as soon as possible. A qualified attorney will not provide guidance throughout the hearing, but they will also be able to provide key information that could help to minimize the imprisonment time or probation restrictions.