If you were arrested for a DUI while on probation, your Manassas attorney could explain how judges handle these cases. Being on probation can complicate an already complicated charge. It is often up to the judges reviewing the cases to determine what the best course of action is.
An effective defense strategy requires a strong knowledge of the legal code, which is why it is best to have a dedicated DUI lawyer on your side.
Everyone who is on probation is required to remain on good behavior, including obeying all laws. Anyone who is convicted of DUI when on probation would be in direct violation of that term of their probation.
Receiving a DUI while on probation is serious matter. Judges commonly consider someone who drives drunk while on probation to be a real danger to society, and they often want to have that person incarcerated until the case is resolved. The defendant may be held without bond, and it is common for someone who is charged with a probation violation due to a DUI to serve their entire sentence. A person who otherwise would not serve any jail time may be incarcerated because the judge feels the safest thing is to keep the person behind bars.
Technically, being accused of a crime is itself a violation. The terms of probation usually require that the individual not be accused of any crime whatsoever. Despite this, it is rare in Manassas for judges to consider accusations by themselves to be grounds for a violation, although they may still request a hearing. Typically, judges will keep the probation violation hearing on the schedule until the underlying charge is resolved. Once it is resolved, the judge will reconsider the probation violation.
The judge determines if a defendant should go back onto probation if they are acquitted of a DUI. The judge who is addressing the probation violation will receive notice that the DUI charge is dismissed and could then dismiss the probation violation.
In Manassas, when a judge finds someone in violation of probation, they sometimes revoke their probationary privileges and re-suspend their jail sentence or extend the probation period. For someone who is found in violation of probation, the court has several tools at its disposal but will almost always extend someone’s probation.
A DUI while on probation does not automatically lead to increased penalties in Manassas, but the judge may be less lenient when sentencing the DUI and the probation violation individually. Being on probation during the DUI could increase the chance of having a longer jail sentence or a larger fine. Someone with a suspended sentence for DUI will almost always be forced to serve that suspended sentence.
A judge’s handling of a DUI while on probation case could be harsh. As a result, defending these cases is a delicate balancing act best undertaken by a local lawyer who knows how the system works. If you are looking for wise legal advice, place a call now to see what could be possible in your case.
Northern Virginia Criminal Defense Group
