A DUI is a serious charge on its own, but for someone who is already on probation for a misdemeanor or felony offense, the charge can severely jeopardize what little freedom he has left. A person may be placed on probation in place of jail or prison time. Probation is essentially a suspended punishment that puts an active jail sentence on hold. It allows the probationer to remain in the community so long as he takes certain actions and avoids others by order of the judge after he is convicted of an offense.
Violating probation can lead to complications. Not all probation violations are the same. Usually, committing a secondary offense while on probation is a serious violation. Breaking the law while on probation authorizes a judge to activate your original jail sentence and require you to fulfill that sentence for the specified amount of time. As such, the outcome of your DUI significantly affects your probation violation case.
VOP on Misdemeanor or Felony Probation
Defendants placed on probation are not off the hook for their offense; rather, they receive an opportunity to remain in the community so long as they abide by the terms of their probation. The sentencing judge decides the terms and conditions. A condition that is constant across all probations is that the defendant must obey all laws and may not commit any new criminal offenses. A defendant arrested or charged with DUI while on misdemeanor or felony probation may face worse penalties for the probation violation than the DUI itself.
When initially charged with a VOP arrest, you’ll learn quickly that the rules and protections are different from those facing their very first arrest. Circumstances and rights that might no longer apply include:
- There are no longer applied statutes of limitations so you can’t wait for a POV to time out
- You don’t have the right to post a bond in lieu of a hearing
- The hearsay of others is admissible
- You cannot demand a jury trial at violation hearings
- If affected by Florida’s Anti-Murder Act, you won’t get a chance for a bond at all
- The court can make you incriminate yourself through testimony
- Guilt beyond a reasonable doubt no longer applies
Typically, a defendant charged with a crime while on probation faces consequences for both the new offense and the violation of probation. In the case of a DUI, the outcome of the DUI case can influence the penalties you receive for the VOP. Talk to a compassionate DUI defense lawyer乐福彩票网 in Orlando about the new DUI charge as soon as possible.
There are many things an experienced criminal defense lawyer乐福彩票网 who focuses on DUI cases can do to help you work through this predicament.
Orlando DUI Lawyer Fights DUI on Probation Charges
If you got a DUI while on probation, even if you were on probation for DUI, not all hope is lost. An attorney with The Umansky Law Firm can take several measures to mitigate the effects of the new charge.
Some defense strategies that might fit your situation and help dismiss the DUI include:
- The stop was unlawful
- No evidence to support probable cause
- Law enforcement was not authorized to or performed a breathalyzer incorrectly
- The alcohol testing equipment was past due for calibration
- You were not under the influence, but driving distracted
- You have a medical condition that caused you to drive erratically
- The field sobriety test did not account for a disability you have
- The stopping officer did not follow the 20-minute observation rule prior to making you blow
- You were not aware of your Miranda Rights
Our lawyer乐福彩票网s will fight the new charge all the way. We will request a bond hearing for the probation violation. A bond hearing will allow you to post bond and return to your regular life rather than leave you to wait in jail for the bond hearing.
Our lawyer乐福彩票网s will fight the DUI charges. It may be possible to have your charge dropped or reduced to lesser charges. A dropped DUI charge may lead to the dismissal of your VOP charge.
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Get the Representation You Need to Fight Your Orlando POV
Violating the terms of your probation could lead to incarceration for the original offense plus the new offense. The odds of enduring harsh penalties may be reduced with the help of a quality probation violation attorney protecting your interests. The attorneys at The Umansky Law Firm can explain what is necessary to reduce or get the VOP dismissed, and what your options are to defend your case.
We bring more than 100 years of combined experience tackling DUI charges throughout Orlando and surrounding areas. Some of our legal team are members of the and truly understand the techniques necessary to challenge DUI charges, including filing motions attacking the stop and the collection of evidence. We will go to trial if necessary to help you preserve your freedom.