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Getting a Frederick DUI While on Probation 

Getting a DUI while on probation is serious in Frederick. Usually, any new criminal charge, including a DUI offense, is going to constitute a violation of the probation that they are on because the first condition of any term of probation is to obey all laws. If somebody is alleged to have committed a DUI, they could be brought before a judge who had originally put them on probation or another judge who is perhaps handling the violation of probation.  If you are facing charges for getting a DUI while on probation, contact a professional Frederick DUI attorney.

Consequences of Getting DUI on Probation

A person who is on probation for receiving a new DUI charge may have more significant consequences to their own DUI based on being on probation. A judge, knowing that they have a prior criminal record, who finds a recent criminal record because they are on probation for it might place enhanced penalties on them for this particular DUI offense as it is no longer a first-time criminal offense.

Furthermore, the strategies that a defense attorney might employ with respect to preparing a DUI case for somebody who is on probation might be a little different. A person who is on probation who is charged and convicted, would not only face the consequences of the DUI but would also face the consequences of a violation of probation for being convicted of the new DUI. For that reason, their attorney might advise them that, on the new charges, it would be better to fight the charge as opposed to making a deal because any deal would impact them under the violation of probation. There might also be strategies employed to come up with a global resolution with the prosecution so as to resolve the matter of a new DUI charge with the violation of probation as one case to come up with a more fair and reasonable punishment as opposed to dealing with the new matter specifically.

Receiving Probation for Violating Existing Probation

A person can receive probation for violating their existing probation in Frederick but that is what is known as a violation of probation. The original sentencing judge, on a violation of that probation, might say, “I am going to continue you on the probation that you are on, extend the probation that you are on, or put you in jail or close the case with no consequences.” It all depends on the circumstances of that particular violation.

Conditions of Probation

Typical conditions of probation might include staying out of trouble, completing some treatment program, completing community service, doing some sort of a Mothers Against Drunk Driving victim impact panel meeting if it was a DUI case, paying fines to the court, or paying restitution to a party if there was restitution that was owed in a particular case. Probation conditions could be anything that the judge feels is appropriate.

Seriousness of Issue

Anybody who gets any new charge while on probation in Frederick is facing very serious consequences because the most important condition of probation is generally to remain free of any new criminal allegations. If somebody receives criminal allegations and particularly if they are successfully prosecuted, they will most certainly face a notice of violation of probation and subsequently have a hearing on whether or not a violation of probation occurred, at which point a judge can make determinations about the sentence for the particular case and violation.

Penalties of Getting DUI While on Probation

Penalties for getting a DUI while on probation in Frederick depends on the underlying probation that somebody was dealing with. There is no set penalty for violating probation. It is completely at the judge’s discretion. Somebody who is on probation for possession of marijuana that gets an offense of DUI while on probation might face very different consequences than somebody who is on probation for a DUI and then picks up another DUI. Talk to a professional attorney for more information.