When someone is sentenced to probation, it’s easy to think that they got off easy but probation isn’t a get out of jail free card because it often comes with a steep set of stipulations that the court institutes. It can be seen as a compromise: the court can and may lessen specific penalties resulting from a conviction in return for a guarantee that the defendant will adhere to a set of rules.
If those rules are broken by the defendant, any suspended penalties will likely be reinstated and can include additional penalties.
Let’s use a DUI as an example.
A judge may eliminate or lessen jail time if the defendant in a DUI conviction case agrees to conditions like random drug testing, a promise to not drive, a guarantee they will only drive under limited conditions, or a payment of a fine. If these conditions are violated, the original punishment the defendant was facing, like jail time, may be reinstated along with other punishments like fines, additional fees, license revocation, and mandatory testing.
When a probation violation is discovered and reported, the court may conduct a probation revocation hearing. If it’s found that the defendant violated probation by breaking the law, the probation revocation hearing will likely take place after the hearing for the new offense. Any defendant accused of violating probation is entitled to written notification of the time, place, and reason for the probation revocation hearing.
If you’re on probation for a DUI conviction and you violated the conditions of your DUI probation, speak with a criminal defense attorney who specializes in DUI immediately. Call the Schwartz Criminal Defense Firm today to talk about your probation violation and DUI charges.