DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
If a prosecutor meets this burden, then most jurisdictions say that a judge may:
reinstate your probation on the same terms and conditions that were in effect prior to the violation,
modify the conditions of your probation with new, stricter terms, or
revoke the probation and make you complete any jail time or prison time that you originally had to serve before probation was granted.6
Note that sometimes you can violate probation by committing a criminal offense (for example, failing a drug test after using an illegal substance).
In these case, you can face both:
a probation violation hearing, and
criminal charges for the new criminal offense.
If you are convicted of a new crime, you can face penalties for that offense along with the penalties for the crime that resulted in probation.
4. How do I challenge my probation violation?
Probationers can use various strategies to beat an accusation of violating probation. Two of the most effective include to:
present evidence that shows that you did not violate your probation, and
present mitigating evidence to lessen any punishment if a violation did take place.
You would present both pieces of evidence at your revocation hearing.
Please note that you should work with a skilled criminal defense attorney to contest a violation. A criminal defense lawyer or probation violation attorney will know the best evidence to present to a judge.
A defense lawyer will also know the best legal strategies to use to keep you out of jail or prison and serve out your probation time.
Most attorneys and law firms provide free consultations, which means you can receive legal advice at no cost.
Further, your communications with a lawyer are usually protected by the attorney-client relationship. According to this relationship, a lawyer cannot disclose your confidences without first obtaining your consent.
Black’s Law Dictionary, Sixth Edition – “Probation.”
See, for example, California Penal Code 1203.2 PC.
Note that a “preponderance of the evidence” standard is a lower burden of proof than the “beyond a reasonable doubt” standard that applies in criminal trials.
See, for example, Arizona Rules of Criminal Procedure 27.8(c).
About the Author
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.