Two different factors are at play if a person is charged with a DUI while on probation in Prince William County. A person must understand what will happen to their underlying probation that they were on and then what will happen to the person with their new charge because they were on probation. If a person violates their underlying probation by getting a new charge, they will face all or part of the time that they were given that was suspended as a result of their initial conviction. If you experience a DUI during probation, call an experienced attorney immediately to review your options.
If a person is on probation for a DUI and they pick up another criminal offense, they will have a probation violation hearing in front of the judge. The judge is either going to give the person part of the time that was suspended or give the person jail time that was suspended. In rare circumstances, the judge can continue the person on their probation and allow them another chance. However, the additional criminal charge cannot be a serious one. The charge can determine what the judge’s actions will be.
Step one is that a person must show up to their hearing in court. From the point where a person is taken into the magistrate after committing another crime while on DUI probation, the court is deciding whether or not to let the person out on bond. The fact that they picked up a new charge while they are on probation is something that could prevent them from getting bond or could make their bond higher.
It is imperative that a person shows up for their hearing because the court and prosecution will believe it less likely that the person will honor their promise to come back due to the fact that they were on probation and they could not honor that. They take a DUI or other criminal offense while on probation very seriously in Prince William County.
Step two is in the negotiations process. The prosecutor will see that the person was on probation, that they have violated their probation. The prosecution might consider them a danger to the community as somebody who does not learn from their mistakes. In that regard, a DUI or another criminal offense while on probation in Prince William County can see harsher penalties.
Because of that, the prosecutor may not negotiate an outcome that is favorable to the person. The prosecutor is going to be harsher to a person in negotiations. Then if the person goes to trial and then they are sentenced for it, the judge will also not be lenient towards a person who committed another criminal offense while on probation. A person and their attorney need to navigate the situation very carefully.
If the person’s new charge is a felony charge, there are sentencing guides in the state of Virginia to bring to the judge, and the judge usually has to follow them unless the jury diverges. Sentencing guidelines add points or severity to a person’s sentence if they were currently restrained legally at the time of their offense. If a person is currently on probation at the time of their offense, it will add points to the ultimate sentence guidelines for a felony in the state of Virginia. A person must keep in mind that the consequences for a DUI while on probation, a criminal charge, or a felony charge will not be favorable for them.
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