In the event that a person is found to have committed a new criminal offense while they are on probation, the person faces charges for the new crime and the possible revocation of their probation. Someone can receive consequences of a DC DUI while on probation as new penalties as well as additional penalties for violating probation.
An experienced DC DUI lawyer can try persuading the judge to not revoke their client’s probation simply due to probable cause. Probable cause is the lowest standard of proof for any minimal amount of evidence.
Whenever a person is placed on probation for a DUI, an assault, or traffic offense, a judge imposes conditions for the individual to comply with in exchange for being placed on probation. The judge can also suspend a certain amount of jail time.
In lieu of serving jail time, the judge places the person on probation. Probation can have many different kinds of conditions. Conditions can include blood or alcohol testing, community service, fines, work costs, or restitution payments. Typically, an individual is not allowed to commit any criminal offenses while on probation.
If a judge finds that there is probable cause to believe that a person committed a new crime while on probation, the judge can revoke the person’s probation and impose the original sentence. However, this is not always the way the judge proceeds with consequences of a DC DUI while on probation.
The penalties associated with getting a DUI while on probation depend on the nature of the DUI case, whether the DUI is a first offense DUI or subsequent DUI, whether there is a high breath, blood, or urine score, or other aggravating factors, such as a car crash.
Consequences of a DC DUI while on probation also depend on the amount of suspended time in the probation matter. Judges have discretion on how much jail time to suspend when they decide to place the person on probation. The judge could suspend 10 days of jail, 30 days of jail, 90 days of jail, or the entire maximum penalty on a probation case.
An individual faces the possibility of maximum penalties in their underlying probation case if they are found to have committed a DUI while on probation. A person faces the possibility of years of prison time if they get a DUI while on probation.
When a person faces any criminal charge, the government must prove the person guilty beyond a reasonable doubt. The government must prove that there is a high degree of confidence that the person did commit the offense. That standard still applies if a person is accused of a crime while on probation. However, a judge does not necessarily need to wait for a person to be convicted of a new crime to find that the arrest violated the person’s condition for probation.
An attorney can ask the judge to not revoke the potential client’s probation when they were re-arrested on probable cause. A completely innocent person could be arrested on probable cause. Probable cause does not necessarily mean that there is proof the person actually committed the new crime.
A defense attorney can argue that because a person arrested on probable cause could be completely innocent and therefore is not in violation of their probation, the judge should consider revoking their probation only when the person is convicted of the new crime that was committed while on probation.
Lawyers have the responsibility of making sure potential clients have a fair chance against the consequences of a DC DUI while on probation. Prosecutors are not absolved of their obligations to prove people guilty of committing the crime beyond a reasonable doubt.
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