Virginia DUI While on Probation
If someone is on probation and is pulled over and charged with a DUI, it could become a serious problem. They will need sound legal representation because they could potentially face serious consequences for being charged a Virginia DUI while on probation. This charge probably violated their probation unless they win their DUI charge, and even then it depends on the terms of the probation. If they have an on going case, this new charge could impact their case.
If you have been charged with a DUI while on probation, it is essential that you speak with an experienced Virginia DUI lawyer right away. This can have an immediate impact on your current case and probation.
Penalties for Violating Probation
If somebody is on probation and they are charged with a DUI, obviously, it is not going to be a good thing. It is going to certainly be a problem. They probably will be less likely to get bonded out or to get some bond because they are a safety risk. Then if they are convicted, there will be a harsher sentence because they were on probation at the time. Then, certainly, the person will go back to violating their underlying probation if they are convicted and then they will have to face all or part of the time that was suspended.
Impacts on Case
Some ways that this could impact the case is the fact that it will be treated more harshly and the person might be more likely to fight the case because if they do not fight the case and they are convicted of anything, they would probably be violating their underlying probation and that would certainly cause an issue. But beyond that, I do not think that it would impact the case except that it would make it a little harsher and it could potentially be problematic. If a person is trying to make a deal with the prosecutor, they might be less likely to offer them something.
Can a Person Receive Probation for Violating Existing Probations?
Let’s say they violated their probation because they are charged with a new offense. Certainly, when they are convicted of that new offense or if they are convicted, they could get probation on the new offense and then, based on whatever happened with the second case, the case that they picked up while they are on probation, that could impact the court. The court could put them back on probation or sometimes give them an additional period beyond what they already had. The answer is yes although usually, they do not give additional probation; usually, they put the person back on probation until the probation is terminated.
Typical Conditions of Probation
Typical conditions of probation might be the person keeps in touch with their probation officer and undergoes alcohol or substance abuse evaluation and treatment if needed or if ordered. It depends on what type of case a person is convicted under and who the judge was and what the agreement was or what the judge ultimately decided.
DUI is a Serious Matter
A DUI is always going to be a serious matter and if a person is on probation when they get a new DUI, the person is almost certainly going to go back and get all of the time or part of the time that they were suspended before in addition to a worse offense this time. By the virtue of being on probation for a DUI, it means that the person was probably sentenced on the last one within the past year or three years, which means that the person would qualify for a heightened DUI charge, which means that the person would probably be facing a mandatory minimum number of days depending on what they are charged with.
Penalties Associated with Violating Probation
It is called a violation of probation but the penalty is going to be whatever the suspended sentence was. If a person is found in violation of probation, the penalty is going to be whatever was suspended. If a person was given 180 days in jail and 175 days suspended for their original DUI, so that is 5 days to serve, then they are facing all of the 175 days if they mess up again. It depends on what the person’s first suspended sentence was.
Benefits of an Attorney
If someone is charged a Virginia DUI while on probation, it can impact their existing case and they could face harsher penalties. It is essential that they have legal representation. A skilled attorney has the resources and experience to determine the best course of action based on the facts of the case.
If you have been charged with a DUI and you were on probation for another charge, it is critical that you speak with a knowledgeable attorney who understands the local policies and procedures, can evaluate your case, and determine an appropriate defense approach.