One of the essential conditions of any probation is that a person cannot be convicted of a criminal offense. In some situations, a person cannot be arrested for a new criminal offense while they are on their probationary period. Since a DUI is considered to be a criminal offense in Washington DC, being arrested for a DUI while on probation could result in a person’s probation being revoked.
It may be critical to hire a distinguished DUI lawyer to begin preparing your defense case. A DC attorney can help you determine the best way to protect yourself from penalties for a DUI on probation in DC.
When determining penalties for a DUI on probation in DC, some judges could decide that the act of being arrested for a DUI is not enough to conclude that a person violated their probation. After hearing arguments from the probation officer, the prosecutor, and the defense lawyer, the judge could decide to wait until the outcome of the DUI case to see if the person is convicted. If the person is acquitted or the charges are dismissed, the judge could decide to not revoke the person’s probation.
If the person is convicted of the DUI, the judge could find the person in violation of their probation and decide the appropriate punishment. That might be lengthening the probation, adding additional conditions, the imposition of some suspended jail time. They may receive the full revocation of probation and the imposition of the entire suspended jail sentence.
The probation judge has the final decision about penalties for a DUI on probation in DC. Sometimes, the probation judge does not automatically revoke a person’s probation because they were accused of driving under the influence. This depends on the situation, the judge, and the person’s compliance with their conditions. In many situations, a defense attorney can argue to the probation judge that being arrested is not proof that a person actually committed a new crime while on probation.
A defense attorney might argue that the more appropriate course of action is for the probation judge to see the end result of the new DUI. Based on that result, the judge can decide whether to revoke the person’s probation. Judges often agree to such arrangements and refer to that as trailing the re-arrest.
That means their decision whether to revoke the person’s probation trails or follows the new case to the final outcome. If the person is acquitted of the new DUI and the person is compliant with the other conditions of probation, the judge may determine that the person’s probation should not be revoked and they should simply go back on probation.
If someone is convicted, the probation judge has the discretion to decide penalties for a DUI on probation in DC. The judge could decide to extend probation, impose additional conditions or impose a period of jail time short of the full suspended sentence. In harsher situations, the judge could decide to revoke the person’s probation and impose the entire sentence that was originally suspended.
When a person is on probation, they may have a certain amount of suspended jail or prison time so the incarceration period did not have to be served. Instead of serving the incarceration, the person had a certain period of time to comply with probation conditions.
A person on probation always faces the risk that any violation could result in the revocation of the probation and the imposition of the original suspended sentence. Possible penalties for a DUI on probation in DC include having probation revoked and having the judge impose the entire original sentence. Those penalties are often faced consecutively.
If a person is convicted of a DUI and receives a 15-day jail sentence resulting in the revocation of their probation, any additional sentence imposed is served as an incarceration period in addition to the 20-day jail sentence for the DUI case. Consecutive sentences run back to back instead of at the same time. A person on probation faces serious penalties if they are rearrested for a DUI.
The defense attorney must develop a strategy so their client avoids the revocation of their probation because of a new criminal charge. The attorney assists potential clients by giving them the best possible chance at avoiding the most severe possible penalties for a DUI on probation in DC.
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