Understanding Your Rights If You Violate Probation in Tennessee
If you are arrested for a criminal offense while on probation in Tennessee, you could face penalties related to the new crime and penalties related to the probation violation. It is in your best interest to hire an attorney whether you are on informal (summary) probation for a misdemeanor offense or formal probation after being convicted of a felony.
At Durak Law, we represent individuals who have been charged with a criminal offense in and around Franklin, Tennessee. People on probation have an additional battle in the courts, making it more important to seek legal counsel immediately after an arrest. Attorney Michal Durakiewicz is a relentless advocate who can help protect your rights and your freedom.
If you have been arrested for a DUI while on probation, contact our office for a complimentary consultation.
What Is Summary Probation?
When a person is convicted of a misdemeanor offense, a judge may sentence them to informal or summary probation. Unlike formal (felony) probation, with informal probation, a person is not required to check in with a probation officer. There are, however, terms and conditions that a person must comply with or be subject to additional consequences for violating probation.
Conditions of summary probation may include:
- Paying court-ordered fines and fees;
- Completing a treatment program (drug/alcohol, anger management, parenting, etc.)
- Not driving with a measurable amount of alcohol (if on probation for a DUI offense)
- Making victim restitution
- Attending a MADD Victim Impact Panel
- Completing community service
- Not committing any new criminal offenses (violating no laws)
Violating any terms of probation can result in additional penalties for the new offense and the probation violation. If you believe that you violated probation or were arrested for a DUI while on probation for another offense, contact the nationally recognized legal team at Durak Law immediately.
What Is the Difference Between Informal and Formal Probation?
Formal probation is imposed after a felony conviction and requires regular check-ins with a probation officer. Informal probation, on the other hand, is generally imposed after a conviction for a misdemeanor offense.
In either case, if you violate probation by not complying with a court order or picking up a new offense, you could end up in custody. It is important to refer to your sentencing memorandum, plea agreement, or court paperwork to determine the length of your probation and any other terms or conditions. By retaining an attorney immediately after your arrest, they can help you understand the terms of your probation and fight any new charges that you may face.
Will I Go to Jail?
If you are arrested for a DUI while on probation, you could face jail time if convicted and for violating probation. It is imperative to retain counsel as early as possible in a probation violation case in order to protect your rights. Early intervention may be key to getting the best possible outcome in your case.
What If My BAC Was Under .08%?
When someone is convicted of driving under the influence, a term of their probation is generally that they will not drive with a measurable amount of alcohol in their system while on probation. If you violate the zero-tolerance law, you could face a 1-year suspension of your driving privileges.
Therefore, even if your blood alcohol concentration (BAC) was under .08%, you could still face a probation violation and additional penalties through the criminal court system. If you are on probation for a drunk driving offense and are arrested for a 2nd DUI, you could face mandatory jail time, a longer alcohol program, higher fines and fees, and more.
What Should I Do If I am Arrested While on Probation?
Driving under the influence (DUI) is one of the most commonly charged offenses in the state. It can happen to anyone. If you are arrested for DUI in Franklin, Tenneessee, the first phone call you should make is to a qualified defense attorney.
Arrested for DUI While on Probation? Call Our Office Today.
At Durak Law, we are here to help minimize the damage and get you through this difficult time.If you have been arrested for DUI while on probation, you need a lawyer. Do not try to go it alone. Let our team guide you through the legal process and help you get the most favorable disposition possible in your case. Contact our office to get started.