Annapolis DUI Charges While On Probation
When someone is on probation or parole and receives a DUI, that charge violates the terms and conditions of their current probation. As a result, the plaintiff may find themselves on the receiving end of penalties more severe than those they are currently fulfilling. If you find yourself charged with a situation like this, it is important you contact an Annapolis DUI lawyer as soon as possible. A knowledgeable attorney will be able to assist you as you navigate the intimidating and often complex process.
Timing
The date of the incident is essential to determining the severity of the infraction. If someone is charged with a DUI for an offense which took place within the time frame of their probation, the probation has officially been violated. This is true regardless of when the offense takes place–whether it happens at the beginning of the probation period or hours before it ends. If it is within the time frame, it is charged as a violation. The court then treats the two infractions as completely separate cases.
Previous Charges
Previous charges directly affect the severity of the penalties. When someone is on probation for a prior DUI and is then charged with a second one, it can lead to the court taking a closer look and imposing a more severe punishment on the defendant than the first time around. The judge would examine, “What has the defendant learned?” “What have they not learned?” “Why did the original penalties fail to prevent further offenses?” and so on. New penalties will then be evaluated and imposed.
During this process, the situation may be viewed as a case of someone who really needs more help than they are getting. Perhaps the initial evaluation indicated that the DUI was social and it was not. There may be more deeply rooted problems, or perhaps the first DUI led to challenging circumstances, such as a job loss. The court will examine these and other possibilities when determining the penalty for a DUI while on probation.
How An Attorney Can Help
A violation of probation is a very serious matter, especially with a higher felony case. Any reason for a judge to put someone back in jail is significant and must be taken seriously. There are a number of considerations a person must take into account when facing a charge for a probation violation, including:
- Potential jail time
- Further expensive treatment
- Possible arrest warrants
- Whether the arrest warrants are issued with or without bail
Having a lawyer is just too important. Anyone can make a mistake. Some people get a general DUI, go through a program, go to court and take a plea. They may lose at trial and go to jail or may even win a trial–yet they return with a subsequent DUI. If this or a similar set of circumstances has happened to you, an experienced attorney can help represent you to the court, defending you every step of the way in order to achieve the best possible outcome. In some cases, perhaps the root cause was not addressed properly the first time around, which led to a second infraction. Sometimes, a person did not receive the treatment they needed, or the attention that would have lead to a greater likelihood of success.
Ultimately, an attorney wants the person being charged to get the help they need, whether that is simply more time to refocus their efforts, or a chance to rebuild their life and get the right treatment for the root cause of the problem. Jail is not going to help them. Getting the right treatment, however, can make a significant difference. An attorney can help by guiding and advising you throughout the process, as well as by making your strongest case to the court.