You have the right to refute these allegations and testify or present evidence that contradicts these claims. What makes probation violations more challenging is that the prosecution does not have to meet as high of a burden of proof as they do during the standard criminal trial. This is the legal equivalent to placing a feather on the scale of justice the balance only has to be slightly tipped in favor of the prosecution , versus a rock which is what the prosecution normally has to prove in a traditional criminal trial.
Because the burden of proof is so low for proving violations of community supervision, it is crucial to hire an attorney with the right experience to build a convincing case on your behalf and fight for your freedom.
He knows how the prosecution will handle your case, and he knows how to negotiate with the other side and with the judge to secure a favorable outcome for you. With each subsequent offense in Texas, the penalties become much harsher, and if you violate your probation with a DWI, you could face a lengthy period of incarceration and may have your license suspended for several years, among other penalties.
While there is no doubt that being arrested for DWI while on probation is a serious legal matter in Texas, know that there is help available to you. Dallas criminal defense attorney RJ Harber understands how serious these charges are, and he will aggressively work to minimize the impact they have on your livelihood and your freedom.
What happens if you violate probation by getting a DWI? What Happens at a Probation Violation Hearing? Call RJ Harber for Help While there is no doubt that being arrested for DWI while on probation is a serious legal matter in Texas, know that there is help available to you. The probation case, however, is a completely separate affair where generally the probation officer, but sometimes the prosecutor, has to prove by a preponderance of the evidence that it was more likely than not that you were in actual physical control of a moving vehicle while under the influence of alcohol or drugs to the extent that it was unsafe to drive.
It comes down to what your particular situation is, because there are no hard and fast rules in reality. Technically, an arrest while on probation can result in a separate arrest for a probation violation because you broke the law while on probation and therefore violated a condition of your probation.
For example, a new arrest for DUI while on probation means that you have allegedly violated the laws of Georgia. The standard of truth or the burden of truth is much less in the context of a probation violation so it is easier for a probation officer and a prosecutor to seek a violation of your probation than it is to seek a conviction for a crime beyond a reasonable doubt.
This means:. It is common for our clients that are on felony probation and arrested for a new DUI to suffer no consequences. Their probation officer will not seek to violate their felony probation because of this new arrest, because it is of a lesser severity than the felony conviction that they are already under a sentence for and frankly, too much trouble to deal with for the probation officer.
Therefore, you are granted less time in jail in exchange for agreeing to certain terms. Some of the most common terms of DWI probation include:. If the prosecutor can prove you violated your DWI probation, then you may be sent to jail. You will have to complete the remainder of the original sentence or an additional term for the violation. To avoid the potentially harsh consequences of a DWI while on probation, retain an experienced defense lawyer.
You can negotiate for the best possible outcome, highlight any mitigating circumstances, and fight to prove you did not violate the terms of your probation. If you got a DWI while on probation, it means you already have a criminal record. This can impact the sentence you face for the current charges if convicted. The potential penalties for a second, third, or fourth DWI are automatically greater than for a first-time offense.
You face harsher penalties without any consideration for the fact you were on probation. For each level of DWI, there is a range for the potential term of incarceration. For example, a second DWI can lead to between one month and one year in jail. A third DWI can result in up to 10 years in prison. Because this is not your first offense, and because you committed the DWI while on probation, the judge may be more likely to sentence you to the maximum term of incarceration.
When you are on probation for a previous criminal conviction, you must be careful. Any interaction with the police can be significant.
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