DUI Probation Violations
If you have previously been convicted of a DUI in the state of Georgia, you may have been relieved to escape with a probation penalty. However, if the specific conditions of your sentence were not fully explained to you, it can be quite easy to inadvertently break the rules. Before long, you will find yourself dealing with a violation of probation charge.
When this happens, you will no doubt want to fight back as effectively as possible. You can do just that by hiring a DUI lawyer at Yeargan & Kert, LLC. Give us a call or send us a message online to set up your free consultation.
How Will Your Yeargan & Kert, LLC Defense Attorney Help You Deal with Your DUI Probation Violation Charge?
Our DUI attorneys are committed to providing you with the best possible defense to your violation of probation charge. When you hire us to work on your case, we will:
Provide You with Sound Legal Advice and Guidance
The judicial system in the state of Georgia can be quite complex and confusing – and the prosecution is under no obligation to explain the process to you. As such, the help of one of our skilled criminal defense attorneys is likely to prove invaluable.
Having worked in the industry for years, our legal experts know exactly how to navigate the criminal justice system. We can use our experience to let you know what to expect next in the process and provide you with the advice you need to make it through the court system with minimal damage to your life and reputation.
Gather Exculpatory Evidence
The fact that you have been charged with violating your DUI probation does not guarantee that you will be convicted. Before that can happen, the prosecution must prove that you are guilty.
While they are trying to do that, our knowledgeable attorneys will work hard to gather evidence that proves you are innocent. We will comb through electronic records, review CCTV footage, interview witnesses, and do whatever else it takes to show that you could not have committed the violation.
Negotiate with the Prosecution on Your Behalf
Shortly after you are charged with violating your DUI probation terms, you will likely be offered a plea bargain by the prosecution. Unfortunately, the terms of the deal will probably be unfavorable at first. Luckily, your Yeargan & Kert, LLC lawyer will be on-hand to negotiate a better offer.
Our legal team has spent years developing positive working relationships with local prosecutors. As such, we know exactly how to speak with them to reach a deal that both parties can be satisfied with.
Represent You in Court
If the prosecuting attorney is unwilling to present you with a fair plea bargain, your case will almost certainly go to court. Of course, if you want to maximize your chances of avoiding a serious punishment, you will need to have an experienced lawyer argue on your behalf at your probation violation hearing.
Our Atlanta DUI defense lawyers have represented hundreds of clients in court. We understand how to make a compelling legal argument that will give you the best possible chance of escaping conviction.
The Yeargan & Kert, LLC legal team has been proud to provide DUI defense services to the people of Georgia for many years. When you need us, we will be there for you too. All you need to do is give us a call to set up an initial consultation with one of our experienced attorneys.
Why Does the State of Georgia Issue DUI Probation Sentences?
Before fighting back against your violation charge, it is worth taking a few moments to consider the reason why the state of Georgia handed down a probation sentence after your original DUI conviction. In most instances, the answer is simple – to avoid having you serve a jail sentence. The state hands out probation sentences to individuals who it believes do not deserve to spend time behind bars.
Of course, probation sentences should not be seen as a get out of jail free card from your DUI charge. Although they do not require you to spend any time in a cell, they do require you to stick to a long list of conditions.
What Conditions Are You Likely to be Subject to During Your DUI Probation Period?
The rules of probation sentences are determined on a case by case basis. The nature of the conditions is usually dependant upon the crime that was committed and the defendant’s criminal history, if any.
Generally speaking, however, if you have been sentenced to probation in the state of Georgia, you will likely be required to:
- Avoid violating any state or federal laws
- Avoid drinking any amount of alcohol and taking any drugs (unless legally prescribed)
- Avoid spending time with disreputable individuals
- Avoid spending time in disreputable businesses
- Maintain steady employment
- Pay fines or restitution
- Support your children and other legal dependents to the best of your ability
- Report to a probation officer regularly, and
- Avoid leaving the state or changing your permanent address without the approval of your probation officer.
Along with these general conditions, your probation sentence may also include some special conditions. These rules may require you to:
- Attend a court-ordered DUI course
- Attend a defensive driving class
- Pay regular probation supervision fees
- Submit to random drug testing at your expense
- Carry out a set number of community service hours, and
- Follow a rehabilitative treatment plan.
If you have any trouble understanding the conditions that were assigned to you as part of your probation sentence, please contact Yeargan & Kert, LLC as soon as possible. We will review your probation terms and provide you with a straightforward breakdown of the court’s expectations.
You should also reach out to us if you believe that you have already violated one or more of your probation rules. We can work with you to minimize the punishment that you are likely to face.
Georgia Probation Violation Categories
The state of Georgia organizes probation violations into three main categories. They are:
Technical Condition Violations
A technical violation occurs when you break one of the technical rules of your probation. In most cases, these violations occur when you fail to pay your fines or court-ordered fees. However, you may also be charged with committing a technical condition violation if you leave the state without permission or fail to report to your probation officer as scheduled.
Special Condition Violations
This type of violation happens when you fail to adhere to the special conditions of your probation. Skipping out on your court-ordered DUI course is a classic example of a special condition violation. Failing to follow a treatment plan and refusing to carry out your mandated community service hours would also fall into this category.
Substantive violations are the most serious form of probation violation in the state of Georgia. They occur when you break the law during your probation period. A wide range of criminal offenses, from theft to arson, could see you charged with a substantive probation violation.
If you have been charged with committing any of these probation violations, the Atlanta defense attorneys of Yeargan & Kert, LLC may be able to help. Give us a call today to discuss your case with a member of our experienced legal team.
Penalties for Violating DUI Probation Terms in Georgia
The punishment you are likely to face for breaking your probation terms will largely depend on the category of your violation. For relatively minor technical violations, penalties can include:
- The extension of your probation term
- Additional fines, and
- Stricter monitoring.
If you violate one of your special conditions, you can expect your punishments to include:
- Additional special conditions
- Additional community service, and.
- Court-ordered counseling
Of course, the most serious penalties are reserved for substantive violations. In addition to the punishments listed above, the state may also choose to revoke your probation if you are found to have committed a substantive violation.
If you are convicted of a misdemeanor criminal offense while you are on probation, you are likely to face a partial revocation. Georgia law states that the maximum revocation time for a misdemeanor offense is two years. If you face this hefty punishment, you will be forced to spend that time in jail or prison.
The penalty for committing a felony while you are on probation is even more severe. Georgia law stipulates that a felony conviction during your probation period is grounds for a full revocation. If your probation is fully revoked, you will need to spend the entire remainder of your sentence in jail or prison.
Contact Our Atlanta DUI Probation Violation Lawyers Today
Whether you have just been charged with your first DUI or you are facing the full revocation of your DUI probation, the knowledgeable attorneys at Yeargan & Kert, LLC can help. We have been practicing DUI law in the Atlanta area for years, so we know exactly how to deal with even the trickiest legal situations. Give us a call today to schedule a free consultation and learn more about how we can help you.