If you plead “guilty” to or are convicted of a DUI it is likely that part of your consequences will include probation. While you are on probation there are certain rules that must be followed or probation may be revoked and you may face time in jail. Your San Jose DUI attorney can make you aware of your rights while under probation and can assist you with any difficulties in understanding the legal guidelines that you must follow.
Unfortunately probation requirements can be rather strict and there are a number of ways a person can violate probation. The most common ways a person can violate probation include:
• Failing to maintain contact with your probation officer
• Failing to appear in Court when Scheduled.
• Failing to appear for designated programs such as classes and community service.
• Violating the rules of your probation, such as consuming alcohol or associating with convicted criminals.
• Being arrested on another charge, even if there is no conviction.
• Possession of Illegal substances, such as drugs.
• Non-Payment of Compensation to a Victim.
• Failing to pay court and probation fines
You will normally be assigned a probation officer by the judge in your case after you are sentenced. The duty of a probation officer is to make sure you are following the terms of your probation. They do this by monitoring on your activities and through regularly scheduled in person meetings. The most common probation violation is failing to make a scheduled meeting with your probation officer. You should always strive to make your appointments and keep in contact with your probation officer to avoid any confusion or misunderstanding.
You may be subject to other restrictions while you are on probation. Often probation prohibits you from moving without notifying your probation officer. Even if you provide your probation officer with notice of your move you may not be permitted to move outside your county or state. You will also have to inform the probation officer if you change jobs or are laid off. You will often need to get your probation officer’s permission if you want to travel outside state or county lines for work or recreation.
As you can see, being on probation can have a signification impact on your daily life. Working with your San Jose DUI attorney when negotiating probation terms can minimize the impact probation has on your day to day life.
Alcohol and Drugs
While probation terms may differ depending on your conviction and what was agreed to in court, generally DUI convictions include some type of restriction on alcohol consumption. These restrictions can include random screenings for alcohol or may include the installation of an ignition lock on your car. As part of your probation you may also be required to perform community service, attend alcohol education programs and pay monthly probation fees along with your court and DMV fines.
If you have any prior drug convictions or if drugs were associated with your DUI charge you may also be subject to drug screenings and additional education programs as well. Because classes, community service and testing all take time and normally occurring during working hours you will need to keep the time requirements in mind when reviewing the terms of your probation. You do not want to agree to probation terms that you cannot comply with because of your job or family commitments.
Probation Violation Consequences
Of course, any new criminal charges while under probation might result in your probation being revoked. Merely associating with “criminals”, people you know who have criminal records, may result in a probation violation. Because a probation violation can result in high fines or jail time it is important that you understand the finer points of what criminal association means. Consulting with your San Jose DUI attorney may be vital in avoiding potential violations, which may result in jail time.
Working with your attorney and staying in contact with your probation officer are the best ways to ensure that you comply with the terms of your probation agreement. Violating probation will extend the impact of your DUI conviction and prevent you from moving forward with your life as quickly as possible.
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