Probation requires individuals to follow certain conditions that have been set by the court. Probation is a sentence whereby the person convicted of a crime is released from confinement but is still under court supervision. People can receive probation in lieu of a prison term or it can suspend a prison sentence if they have consistently demonstrated good behavior. Receiving felony probation in lieu of jail or prison time is a gift. And should be treated as such. So, picking up a DUI while on felony probation is not a good thing, in more ways than one. Here’s why. But first, if you find yourself with a potential probation violation, you need to speak with a probation violation attorney immediately.
Probation is a Type of Sentence
In our criminal justice system, probation is a type of sentence for criminal defendants. In some cases, a judge may order that an offender serve probation in addition to a period of incarceration. As an example, a person might be ordered to serve a portion of a jail sentence and, after release, they might be placed on probation for a number of months or years, until the remainder of the sentence is served out successfully.
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Conditions of Probation
In Indiana, offenders on probation must follow specific rules and regulations during the term of the probationary period. These are called conditions of probation If an offender breaks any of the rules, also known “conditions of probation, the offender runs the risks having to serve the rest of their sentence in jail. Some of the conditions of felony probation are as follows:
- Required reporting
- Maintain employment and/or continue education
- Pay any fines, fees or restitution
- Refrain from drug and alcohol use (you WILL BE tested!)
- Restricted travel
- Comply with ALL laws
A standard condition of all probationary orders is “Do not violate any criminal statute of any jurisdiction.” The offense of Driving Under the Influence is a misdemeanor in all jurisdictions, and thus a DUI on while on felony probation is a violation of a criminal statute, and thus is the type of violation of probation that could land you behind bars, serving out your backup sentence.
A DUI While on Felony Probation is Serious
Given the many restrictions that each form of probation can bring, it isn’t uncommon to violate any of the rules. Unfortunately, the common consequences for violation of probation can include additional imprisonment, fines, or extended probation period. It’s important that if you are arrested for a DUI while on felony probation, you contact an Indianapolis criminal defense attorney as soon as possible at (317) 721-9858.
